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PARLIAMENT OF VICTORIA
Local Government (Update) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--RECOGNITION OF LOCAL GOVERNMENT 3
3. Insertion of preamble 3
1. Preamble 3
4. New section 1A inserted--Interpretation of Act 4
1A. Interpretation of Act 4
5. New Part 1A inserted--Local Government Charter 5
PART 1A--LOCAL GOVERNMENT CHARTER 5
3A. What is the purpose of local government? 5
3B. How is a Council constituted? 5
3C. Objectives of a Council 5
3D. What is the role of a Council? 6
3E. What are the functions of a Council? 7
3F. What are the powers of Councils? 7
6. New section 5B inserted 8
5B. Constitution of Council 8
7. Amendments consequential to changes in sections 5 and 6 8
8. Consequential amendment to Docklands Authority Act 1991 9
9. Consequential amendments to the City of Melbourne
Act 2001 9
10. Amendment of Constitution Act 1975 10
11. Power to suspend 11
PART 3--THE COUNCIL 12
12. Standardised name 12
13. Sections 63 to 65 substituted 12
63. Oath of office 12
64. Failure to take oath of office 13
14. Amendments consequential to changes in section 13 13
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Clause Page
15. Sections 74 and 74B substituted 13
74. Councillor and Mayoral Allowances 13
74A. General provisions relating to allowances 14
74B. Allowance Orders 14
16. Amendment consequential on section 15 15
17. Consequential amendment to City of Melbourne Act 2001 15
18. New Division 1A inserted--Conduct and Interests 15
Division 1A--Conduct and Interests 15
76B. Rules of conduct 15
76C. Code of Conduct 16
19. Amendment consequential on changes in section 18 17
20. Section 77 substituted 17
77. Confidential information 17
77A. Disclosure of interests 18
77B. Conflict of interest 20
21. Section 79 substituted 20
79. Disclosure of conflict of interest 20
22. Amendment of section 81--Register of interests 23
23. Conduct of meetings 23
24. Section 95 substituted 24
94C. Employment principles 24
94D. Duty of Chief Executive Officer 24
95. Conduct principles 24
25. Amendments consequential to changes in section 24 25
26. Delegations 25
27. New section 25A inserted into City of Melbourne Act 2001 26
25A. Delegation to Lord Mayor 26
PART 4--RESOURCE ACCOUNTABILITY 27
28. Parts 6 and 7 substituted 27
PART 6--PLANNING AND ACCOUNTABILITY
REPORTS 27
125. Council Plan 27
126. Strategic Resource Plan 28
127. Council must prepare a budget 29
128. Revised budget 29
129. Minister may require information concerning budgets 30
130. Budget or revised budget must include proposed
borrowings 30
131. Use of loan for different purpose 31
132. Use of funds for different purpose 31
133. Public notice 31
134. Adoption of budget or revised budget 32
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Clause Page
135. Quarterly statements 32
136. Performance statement 32
137. Audit report 34
138. Annual report 34
139. Meeting to consider annual report 36
140. Minister may direct Council to submit standard
statements 37
PART 7--FINANCIAL MANAGEMENT 38
141. Principles of sound financial management 38
142. Budgeting and reporting framework 39
143. Accounts and records 39
144. Payments 40
145. Power to defer or waive payments 40
146. Investments 41
147. Power to borrow 42
148. Circumstances in which power to borrow may be
exercised 43
149. Borrowings to be secured 43
150. Provisions with respect to securities 44
151. Overdrafts 44
29. Amendments consequential on changes in section 28 45
30. Sections 197D and 197E substituted 47
197D. Library Plan 47
197E. Offence to fail to comply with provisions 47
31. Section 132 relocated 47
223C. Offences relating to investigations 47
32. Sections 133 and 134 relocated 49
240A. Imposition of a surcharge 49
240B. Payment of the surcharge 50
33. Amendment consequential on changes in section 32 51
34. Consequential amendments to Docklands Authority Act 1991 51
PART 5--ELECTORAL MATTERS 52
35. New section 10A inserted 52
10A. Entitlements 52
36. Entitlement of persons who attain 18 years after the
entitlement date 53
37. Consequential amendments 53
38. Entitlement of occupiers to be enrolled without application
removed 54
39. Consequential amendment 54
40. Section 15 substituted 54
15. Procedure if there are more than 2 non-resident owners 54
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Clause Page
41. New section 8A inserted into City of Melbourne Act 2001 55
8A. Entitlements in relation to City of Melbourne
elections 55
15A. Procedure if there are more than 2 non-resident
occupiers 56
42. Consequential amendments to City of Melbourne Act 2001 57
43. New section 20A inserted--Request that address not be
shown 57
20A. Request that address not be shown 57
44. Sections 21 to 24 substituted 58
21. Victorian Electoral Commission to prepare list 58
22. Chief Executive Officer to prepare voters' list 59
23. Registrar to prepare exhibition roll 60
23A. Public notification and exhibition 60
24. Preparation of voters' rolls 62
24A. Amendment of voters' roll 64
24B. Inspection of voters' roll 65
24C. Provision of voters' rolls 65
45. Amendments consequential on changes in section 44 68
46. Qualification to be a Councillor 70
47. Amendment of City of Melbourne Act 2001 70
10. Procedure in relation to representatives of
corporations 71
11. Application of voters' rolls provisions 72
48. Divisions 4 and 5 of Part 3 substituted 72
Division 4--Holding of General Elections 72
31. General elections 73
49. Consequential amendments 73
50. Consequential amendment of City of Melbourne Act 2001 74
51. Section 37 substituted 74
37. Extraordinary vacancy within 6 months before a
general election 74
52. Extraordinary vacancies 74
53. Consequential amendment to Docklands Authority Act 1991 75
54. Amendment to section 24(1) of the City of Melbourne
Act 2001 75
55. Voting is compulsory 75
56. Proportional representation 76
57. Municipal electoral tribunals 77
58. Notice of candidature changed to nomination form 78
59. Sections 55 and 56 substituted 78
55. Printing and publication of electoral advertisements,
handbills, pamphlets or notices 78
55A. Misleading or deceptive matter 79
55B. Heading to electoral advertisements 80
55C. Authors to be identified 80
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55D. Prohibition on Council 81
56. Distribution of printed electoral material 82
56A. Power to request handing over of how-to-vote cards 83
60. Amendments consequential on changes in section 59 84
61. Consequential amendment to Docklands Authority Act 1991 86
62. Voting centres and early voting 86
63. New Division 9 inserted 87
Division 9--Election Campaign Donations 87
62. Return by candidate 87
62A. Responsibilities of Chief Executive Officer 89
62B. Certain gifts not to be accepted 90
64. Division 2 of Part 10 substituted 92
Division 2--Electoral Representation Reviews 92
219A. Purpose of this Division 92
219B. Definitions 92
219C. When is a review required? 93
219D. Purpose of review 93
219E. Appointment of reviewer 94
219F. Conduct of review 96
219G. Implementation of review 98
65. Consequential--power to make regulations 98
66. Consequential amendment to City of Melbourne Act 2001 99
67. Use of electronic counting equipment and systems 99
5A. Use of electronic counting equipment and systems 99
68. Prescribed fee paid by retired candidate 99
69. Death of a candidate 99
70. Filling of vacancies 100
71. Removal of restriction on attendance at ballot draw 101
72. Clause 11 of Schedule 2 substituted--Availability of
nomination information 101
11. Availability of nomination information 101
73. Procedure where vote tied 101
74. Recount of votes 103
75. Report by returning officer 104
14. Report on election by returning officer 104
76. Ballot material to be secured and stored 104
15. Ballot material and records to be secured and
stored 104
77. Consequential 104
78. Countbacks 104
PART 3--ALTERNATIVE COUNTBACK PROCEDURE 105
20. Application of Part 105
21. Public notice of intention to conduct countback 105
22. Conduct of countback 106
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Clause Page
PART 6--MISCELLANEOUS AMENDMENTS 107
79. Rate notices 107
80. Limited differential rates 107
81. Special rate and special charge 107
82. Variation of special rate and special charge 108
83. Waiver 108
84. New section 171A inserted 109
171A. Waiver--financial hardship 109
85. Outstanding legal costs 110
86. New section 201A inserted 110
201A. Temporary road schemes 110
87. Consequential--Temporary road schemes 111
88. Minister may give direction concerning rates and charges 111
89. Entrepreneurial powers 111
90. New section 231 inserted 114
231. Notice in relation to acquisition of land 114
91. Consequential amendment to the Docklands Authority
Act 1991 114
92. Power to move other obstructions 114
93. Statute law revision--Local Government Act 1989 114
94. Statute law revision--City of Melbourne Act 2001 115
ENDNOTES 116
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PARLIAMENT OF VICTORIA
Initiated in Council 15 May 2002
A BILL
to amend the Local Government Act 1989, the Constitution Act
1975, the Docklands Authority Act 1991 and the City of Melbourne
Act 2001 and for other purposes.
Local Government (Update) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the Local Government Act 1989
5 to--
(i) facilitate the recognition of the system
of local government in Victoria;
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Local Government (Update) Act 2002
Act No.
Part 1--Preliminary
s. 2
(ii) improve the accountability of local
government and the transparency of
decision making;
(iii) reform the electoral process;
5 (iv) enhance the operation of the Act;
(b) to amend the Constitution Act 1975 to
further provide for the recognition of the
system of local government in the
Constitution;
10 (c) to make related amendments to the City of
Melbourne Act 2001 and consequential
amendments to the Docklands Authority
Act 1991.
2. Commencement
15 (1) This Part comes into operation on the day after the
day on which this Act receives the Royal assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
20 (3) If a provision of this Act does not come into
operation before 1 July 2003, it comes into
operation on that day.
__________________
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Local Government (Update) Act 2002
Act No.
Part 2--Recognition of local government
s. 3
PART 2--RECOGNITION OF LOCAL GOVERNMENT
3. Insertion of preamble
See:
For section 1 of the Local Government Act 1989 Act No.
substitute-- 11/1989.
Reprint No. 6
5 "1. Preamble as at
1 June 2001
(1) The Parliament recognises that local and
amending
government is a distinct and essential tier of Act Nos
the Australian system of Government 44/2001 and
11/2002.
consisting of Councils working in LawToday:
10 partnership with the Governments of www.dms.
dpc.vic.
Victoria and Australia to provide for the gov.au
peace, order and good government of each
municipal district.
(2) It is necessary to ensure that the Councillors
15 who comprise each Council are
democratically elected by persons entitled to
vote at municipal elections and that the
Council is responsible and accountable to the
local community.
20 (3) It is the role of the Council to provide
governance and leadership for the local
community through advocacy, decision
making and action.
(4) It is essential that there is a legislative
25 framework that provides for Councils to be
accountable to their local communities in the
performance of functions and the exercise of
powers and the use of resources.
(5) The purpose of this Act is to establish a
30 legislative scheme that supports the system
of local government.".
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s. 4
4. New section 1A inserted--Interpretation of Act
After section 1 of the Local Government Act
1989 insert--
'1A. Interpretation of Act
5 (1) It is the intention of the Parliament that the
provisions of this Act be interpreted so as to
give effect to the Preamble and the local
government charter.
(2) The Preamble and the local government
10 charter are not to be construed as having the
effect of limiting the functions and powers of
Councils under this Act or any other Act.
(3) In the interpretation of the Preamble and the
local government charter, a construction that
15 promotes consistency between the provisions
of this Act and any other Act is to be
adopted.
(4) In this Act--
"local community" includes--
20 (a) people who live in the municipal
district; and
(b) people and bodies who are
ratepayers; and
(c) people and bodies who conduct
25 activities in the municipal district;
"local government charter" means the
provisions in Part 1A;
"Preamble" means the Preamble in
section 1.'.
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Part 2--Recognition of local government
s. 5
5. New Part 1A inserted--Local Government Charter
After Part 1 of the Local Government Act 1989
insert--
"PART 1A--LOCAL GOVERNMENT
5 CHARTER
3A. What is the purpose of local government?
The purpose of local government is to
provide a system under which Councils
perform the functions and exercise the
10 powers conferred by or under this Act and
any other Act for the peace, order and good
government of their municipal districts.
3B. How is a Council constituted?
A Council consists of its Councillors who
15 are democratically elected in accordance
with this Act.
3C. Objectives of a Council
(1) The primary objective of a Council is to
endeavour to achieve the best outcomes for
20 the local community having regard to the
long term and cumulative effects of
decisions.
(2) In seeking to achieve its primary objective, a
Council must have regard to the following
25 facilitating objectives--
(a) to promote the social, economic and
environmental viability and
sustainability of the municipal district;
(b) to ensure that resources are used
30 efficiently and effectively and services
are provided in accordance with the
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Part 2--Recognition of local government
s. 5
Best Value Principles, to best meet the
needs of the local community;
(c) to improve the overall quality of life of
people in the local community;
5 (d) to promote appropriate business and
employment opportunities;
(e) to ensure that services and facilities
provided by the Council are accessible
and equitable;
10 (f) to ensure the equitable imposition of
rates and charges;
(g) to ensure transparency and
accountability in Council decision
making.
15 3D. What is the role of a Council?
(1) A Council is elected to provide leadership
for the good governance of the municipal
district and the local community.
(2) The role of a Council includes--
20 (a) acting as a representative government
by taking into account the diverse needs
of the local community in decision
making;
(b) providing leadership by establishing
25 strategic objectives and monitoring
their achievement;
(c) maintaining the viability of the Council
by ensuring that resources are managed
in a responsible and accountable
30 manner;
(d) advocating the interests of the local
community to other communities and
governments;
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Local Government (Update) Act 2002
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Part 2--Recognition of local government
s. 5
(e) acting as a responsible partner in
government by taking into account the
needs of other communities;
(f) fostering community cohesion and
5 encouraging active participation in
civic life.
3E. What are the functions of a Council?
(1) The functions of a Council include--
(a) advocating and promoting proposals
10 which are in the best interests of the
local community;
(b) planning for and providing services and
facilities for the local community;
(c) providing and maintaining community
15 infrastructure in the municipal district;
(d) undertaking strategic and land use
planning for the municipal district;
(e) raising revenue to enable the Council to
perform its functions;
20 (f) making and enforcing local laws;
(g) exercising, performing and discharging
the duties, functions and powers of
Councils under this Act and other Acts;
(h) any other function relating to the peace,
25 order and good government of the
municipal district.
(2) For the purpose of achieving its objectives, a
Council may perform its functions inside and
outside its municipal district.
30 3F. What are the powers of Councils?
(1) Subject to any limitations or restrictions
imposed by or under this Act or any other
Act, a Council has the power to do all things
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Local Government (Update) Act 2002
Act No.
Part 2--Recognition of local government
s. 6
necessary or convenient to be done in
connection with the achievement of its
objectives and the performance of its
functions.
5 (2) The generality of this section is not limited
by the conferring of specific powers by or
under this or any other Act.".
6. New section 5B inserted
After section 5A of the Local Government Act
10 1989 insert--
"5B. Constitution of Council
(1) A Council must consist of not fewer than
5 Councillors and not more than
12 Councillors.
15 (2) A Council may be constituted so that it
consists of--
(a) only Councillors elected to represent
the municipal district as a whole; or
(b) only Councillors elected to represent
20 individual wards into which the
municipal district is divided; or
(c) Councillors elected to represent the
municipal district as a whole and
Councillors elected to represent
25 individual wards into which the
municipal district is divided.".
7. Amendments consequential to changes in sections 5
and 6
(1) Sections 5(1), 6, 7, 8 and 10 and Schedule 1 of the
30 Local Government Act 1989 are repealed.
(2) In section 208B(b) of the Local Government Act
1989, for "section 6(1)(c)" substitute "sections
3C(2)(b) and 3C(2)(e)".
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Local Government (Update) Act 2002
Act No.
Part 2--Recognition of local government
s. 8
(3) Section 40B of the Local Government Act 1989
is repealed.
8. Consequential amendment to Docklands Authority
Act 1991
5 See:
In section 35C(1)(a) of the Docklands Authority Act No.
Act 1991 for "Schedule 1" substitute "section 22/1991.
Reprint No. 2
3E(1)". as at
1 July 1999
and
amending
Act Nos
30/2000,
74/2000,
11/2001 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
9. Consequential amendments to the City of Melbourne
Act 2001
10 See:
(1) In section 5(1) of the City of Melbourne Act Act No.
2001, for "10" substitute "5B". 5/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
(2) In section 7 of the City of Melbourne Act 2001,
for "In seeking to achieve its purposes under the
Local Government Act 1989, the Council has the
15 following objectives in addition to the objectives
specified in section 7 of that Act" substitute "The
Council has the following objectives".
(3) At the end of section 7 of the City of Melbourne
Act 2001 insert--
20 "(2) This section is to be construed as being in
addition to and not in derogation from the
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Local Government (Update) Act 2002
Act No.
Part 2--Recognition of local government
s. 10
local government charter under the Local
Government Act 1989.".
10. Amendment of Constitution Act 1975
See: For section 74A(1) of the Constitution Act 1975
Act No.
5 substitute--
8750.
Reprint No. 14
"(1) Local government is a distinct and essential
as at
1 July 2000
tier of government consisting of
and
democratically elected Councils having the
amending
Act Nos
functions and powers that the Parliament
6/2001,
10 considers are necessary to ensure the peace,
12/2001,
19/2001,
order and good government of each
40/2001,
municipal district.
4/2002 and
8/2002.
(1A) Subject to section 74B, each Council--
LawToday:
www.dms.
dpc.vic. (a) is responsible for the governance of the
gov.au
15 area designated by its municipal
boundaries; and
(b) is constituted by democratically elected
Councillors as the governing body
which is--
20 (i) accountable for its decisions and
actions; and
(ii) responsible for ensuring good
governance; and
(c) includes an administration which--
25 (i) implements the decisions of the
Council; and
(ii) facilitates the performance of the
duties and functions of the
Council.".
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Local Government (Update) Act 2002
Act No.
Part 2--Recognition of local government
s. 11
11. Power to suspend
For section 219(1) of the Local Government Act
1989 substitute--
"(1) The Minister may recommend to the
5 Governor in Council that all the Councillors
of a Council be suspended, if the Minister is
satisfied on reasonable grounds--
(a) subject to sub-section (1A), that there
has been a serious failure to provide
10 good government; or
(b) that the Council has acted unlawfully in
a serious respect.
(1A) Before making a recommendation under sub-
section (1)(a), the Minister must consider
15 what steps the Council has taken to address
and remedy the difficulties underlying the
failure.".
__________________
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Local Government (Update) Act 2002
Act No.
Part 3--The Council
s. 12
PART 3--THE COUNCIL
12. Standardised name
Section 5A(e) of the Local Government Act
1989 is repealed.
5 13. Sections 63 to 65 substituted
For sections 63, 64 and 65 of the Local
Government Act 1989 substitute--
'63. Oath of office
(1) A person elected to be a Councillor is not
10 capable of acting as a Councillor unless he or
she has taken the following oath of office--
"I, AB swear that I will undertake the duties
of the office of Councillor in the best
interests of the people in the municipal
15 district of and faithfully
and impartially carry out the functions,
powers, authorities and discretions vested in
me under the Local Government Act 1989
or any other Act to the best of my skill and
20 judgment.".
(2) The oath of office must be--
(a) made before the Chief Executive
Officer; and
(b) dated and signed before the Chief
25 Executive Officer; and
(c) recorded in the minutes of the Council.
Note: See section 102 of the Evidence Act 1958 as to
the making of a solemn affirmation instead of
an oath.
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Local Government (Update) Act 2002
Act No.
Part 3--The Council
s. 14
64. Failure to take oath of office
If a person elected to be a Councillor does
not take the oath of office within 3 months
after the day on which he or she was
5 declared elected, the office of that Councillor
becomes vacant.'.
14. Amendments consequential to changes in section 13
(1) For section 29(1)(e) of the Local Government
Act 1989 substitute--
10 "(e) he or she has not taken the oath of office of
Councillor within 3 months after the day on
which he or she was declared elected; or".
(2) For section 69(1)(a) of the Local Government
Act 1989 substitute--
15 "(a) fails to take the oath of office of Councillor;
or".
15. Sections 74 and 74B substituted
For sections 74 and 74B of the Local
Government Act 1989 substitute--
20 "74. Councillor and Mayoral Allowances
(1) A Council must review and determine a
Councillor allowance and a Mayoral
allowance within the period of 3 months
after a general election.
25 (2) Subject to sub-section (3), the allowances
determined under sub-section (1) are payable
during the next 3 financial years.
(3) A Council can only vary the allowances
determined under sub-section (1) if--
30 (a) an Order in Council has been made
under section 74B which changes the
range of allowances that apply in
respect of the Council; and
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Local Government (Update) Act 2002
Act No.
Part 3--The Council
s. 15
(b) the Council has conducted a further
review of allowances.
(4) A person has a right to make a submission
under section 223 in respect of a review of
5 allowances.
74A. General provisions relating to allowances
(1) A Mayor is not entitled to receive a
Councillor allowance if the Mayor is entitled
to receive a Mayoral allowance.
10 (2) A Council must pay a Councillor allowance
or Mayoral allowance as specified in the
relevant Order in Council made under
section 74B.
(3) A Council does not have to pay an allowance
15 under section 74 to a Councillor or Mayor
who does not want to receive an allowance.
(4) A person is only entitled to receive an
allowance under section 74 while he or she
holds the office in respect of which the
20 allowance is payable.
74B. Allowance Orders
(1) The Governor in Council may by Order in
Council--
(a) specify the amounts of allowances
25 payable by a Council as a Councillor
allowance or a Mayoral allowance;
(b) specify limits on the amounts of
allowances payable by a Council as a
Councillor allowance or a Mayoral
30 allowance;
(c) vary the amount, limit or range of
allowances payable by a Council as a
Councillor allowance or a Mayoral
allowance;
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Part 3--The Council
s. 16
(d) specify the manner in which Councillor
allowances and Mayoral allowances are
payable.
(2) An Order in Council may make the same
5 provision for all Councils or may make
different provision for particular Councils or
for different categories or classes of Councils
as specified in the Order in Council.
(3) Any Order in Council that was made under
10 section 74 (as in force immediately before
the commencement of section 15 of the
Local Government (Update) Act 2002) and
that was in force immediately before that
commencement continues in force until it is
15 replaced by an Order in Council under this
section.".
16. Amendment consequential on section 15
In section 220S(3)(c) of the Local Government
Act 1989, after "74" insert ", 74A, 74B".
20 17. Consequential amendment to City of Melbourne
Act 2001
In section 5(1) of the City of Melbourne Act
2001, after "74," insert "74A,".
18. New Division 1A inserted--Conduct and Interests
25 After section 76A of the Local Government Act
1989 insert--
"Division 1A--Conduct and Interests
76B. Rules of conduct
(1) In performing the role of a Councillor or a
30 member of a special committee, a person--
(a) must act honestly;
15
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Act No.
Part 3--The Council
s. 18
(b) must exercise reasonable care and
diligence;
(c) must not make improper use of their
position--
5 (i) to gain, or attempt to gain, directly
or indirectly, an advantage for
themselves or for any other
person;
(ii) to cause, or attempt to cause,
10 detriment to the Council;
(d) must not make improper use of
information acquired because of their
position--
(i) to gain, or attempt to gain, directly
15 or indirectly, an advantage for
themselves or for any other
person;
(ii) to cause, or attempt to cause,
detriment to the Council.
20 (2) A person who fails to comply with this
section is guilty of an offence.
Penalty: 100 penalty units.
76C. Code of Conduct
(1) A Council must develop and approve a Code
25 of Conduct for the Council within the period
of 3 months after the commencement of
section 18 of the Local Government
(Update) Act 2002.
(2) A Council must review the Code of Conduct
30 within the period of 6 months after a general
election.
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(3) A Code of Conduct--
(a) must include the provisions of section
76B;
(b) must set out processes for the purpose
5 of resolving an internal dispute between
Councillors;
(c) must specify procedures applying in
relation to disclosure of interests and
conflict of interests;
10 (d) may include any other matters relating
to the conduct of Councillors which the
Council considers appropriate.
(4) A Code of Conduct must not be inconsistent
with any Act or regulation.
15 (5) A copy of the current Code of Conduct must
be--
(a) given to each Councillor;
(b) available for inspection by the public at
the Council office and district offices.".
20 19. Amendment consequential on changes in section 18
In section 29(2)(a) of the Local Government Act
1989, after "section" insert "76B,".
20. Section 77 substituted
For section 77 of the Local Government Act
25 1989 substitute--
'77. Confidential information
(1) A person who is, or has been, a Councillor or
a member of a special committee, must not
release information that the person knows, or
30 should reasonably know, is confidential
information.
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Penalty: 100 penalty units.
(2) For the purposes of this section, information
is "confidential information" if--
(a) the information is provided to the
5 Council or a special committee by an
external person or organisation on the
condition that it is treated as
confidential;
(b) the information has been designated as
10 confidential information by the Chief
Executive Officer and the designation
has not been removed by the Chief
Executive Officer or by a resolution of
the Council;
15 (c) the information has been designated as
confidential information by a resolution
of the Council and the designation has
not been removed by a resolution of the
Council;
20 (d) the information relates to a matter
considered by the Council or a special
committee at a meeting closed to
members of the public and the Council
has not passed a resolution that the
25 information is not confidential
information.
77A. Disclosure of interests
(1) Subject to sub-section (3), a Councillor or a
member of a special committee has an
30 interest in a matter in which the Council is
concerned and is, or is likely to be,
considered or discussed at a meeting of the
Council or a special committee, if sub-
section (2) applies.
35 (2) This sub-section applies if, were the matter
to be decided in a particular manner, the
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Councillor or member, or a person with
whom the Councillor or member is closely
associated--
(a) would receive or have a reasonable
5 expectation of receiving, a direct or
indirect pecuniary or non-pecuniary
benefit; or
(b) would suffer or have a reasonable
expectation of suffering, a direct or
10 indirect pecuniary or non-pecuniary
detriment; or
(c) could be reasonably perceived as--
(i) receiving a direct or indirect
pecuniary or non-pecuniary
15 benefit; or
(ii) suffering a direct or indirect
pecuniary or non-pecuniary
detriment.
(3) A Councillor or a member of a special
20 committee is not to be taken to have an
interest in a matter for the purposes of this
section if the interest arises solely by being a
voter, resident or ratepayer and is held in
common with other voters, residents or
25 ratepayers.
(4) If sub-section (2) applies, the Councillor or
the member of the special committee must
disclose the interest to the Council or the
special committee before the matter is
30 considered or discussed at the meeting.
(5) A disclosure under sub-section (4) must--
(a) include the nature of the relevant
interest; and
(b) be recorded in the minutes of the
35 meeting.
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77B. Conflict of interest
For the purposes of section 79, a Councillor
or a member of a special committee has a
conflict of interest in respect of a contract,
5 proposed contract or other matter if the
Councillor or member--
(a) has a direct or indirect pecuniary
interest in the matter; or
(b) is of the opinion that the nature of his
10 or her interest in the contract, proposed
contract or other matter is such that it
may conflict with the proper
performance of his or her public duties
in respect of the contract, proposed
15 contract or other matter.'.
21. Section 79 substituted
For section 79 of the Local Government Act
1989 substitute--
"79. Disclosure of conflict of interest
20 (1) If a Councillor or member of a special
committee has a conflict of interest in any
contract or proposed contract with the
Council, or in any other matter in which the
Council is concerned which is to be, or is
25 likely to be, considered or discussed at a
meeting of the Council or a special
committee, the Councillor or member of the
special committee must--
(a) if he or she intends to be present at the
30 meeting, disclose the nature of the
conflict of interest immediately before
the consideration or discussion; or
(b) if he or she does not intend to be
present at the meeting, disclose the
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nature of the conflict of interest to the
Chief Executive Officer or the
Chairperson of the special committee at
any time before the meeting is held.
5 (2) The Councillor or member of the special
committee may choose to remain in the room
in which the meeting is being held during
any consideration or discussion of the
contract, proposed contract or other matter.
10 (3) The Councillor or member of the special
committee may take part in the consideration
or discussion but cannot move or second a
motion on any question relating to the
contract, proposed contract or other matter.
15 (4) While any vote is taken on a question
relating to the contract, proposed contract or
other matter, the Councillor or member of
the special committee must--
(a) leave the room and notify the Mayor or
20 the Chairperson of the special
committee that he or she is doing so;
and
(b) remain outside the room and any
gallery or other area in view or hearing
25 of the room.
(5) After the result on the vote on the question
relating to the contract, proposed contract or
other matter has been declared, the Mayor or
the Chairperson of the special committee
30 must cause the Councillor or member of the
special committee to be notified that he or
she may return to the room.
(6) If a Councillor or member of a special
committee discloses a conflict of interest, the
35 Chief Executive Officer or the Chairperson
of the special committee must record the
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declaration and the nature of the conflict of
interest in the minutes of the meeting at
which the consideration or discussion took
place.
5 (7) Unless sub-section (8) or section 80 applies,
a Councillor or member of a special
committee who fails to comply with this
section is guilty of an offence.
Penalty: 100 penalty units.
10 (8) It is a defence to a prosecution if the
Councillor or member of the special
committee proves that he or she did not
know--
(a) that he or she had a conflict of interest
15 in respect of the contract, proposed
contract or other matter; or
(b) that a contract, proposed contract or
other matter in respect of which he or
she had a conflict of interest was
20 considered or discussed at the meeting.
(9) This section does not prevent any person
from taking part in the consideration or
discussion of, or voting on--
(a) any question whether the amount
25 payable for goods or services
previously supplied or provided under
any contract should be paid from
money held by the Council; or
(b) the election of a Councillor to be the
30 Mayor; or
(c) any question whether an application
should be made to the Minister for the
exercise of the powers conferred by
section 80.".
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22. Amendment of section 81--Register of interests
In section 81 of the Local Government Act
1989--
(a) at the foot of sub-section (2) insert--
5 "Penalty: 50 penalty units.";
(b) at the foot of sub-section (4) insert--
"Penalty: 50 penalty units.";
(c) at the foot of sub-section (5) insert--
"Penalty: 50 penalty units.";
10 (d) at the foot of sub-section (6) insert--
"Penalty: 50 penalty units.";
(e) sub-section (6A) is repealed.
23. Conduct of meetings
(1) After section 91(3) of the Local Government Act
15 1989 insert--
"(4) Resolutions made at a meeting of a Council
or special committee must clearly state the
intention and effect of the resolution.".
(2) After section 93(5) of the Local Government Act
20 1989 insert--
"(6) The minutes of a meeting of the Council or a
special committee must--
(a) contain details of the proceedings and
resolutions made;
25 (b) be clearly expressed;
(c) be self-explanatory;
(d) in relation to resolutions recorded in the
minutes, incorporate relevant reports or
a summary of the relevant reports
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considered in the decision making
process.".
24. Section 95 substituted
For section 95 of the Local Government Act
5 1989 substitute--
"94C. Employment principles
A Council must establish employment
processes that will ensure that--
(a) employment decisions are based on
10 merit;
(b) employees are treated fairly and
reasonably;
(c) equal employment opportunity is
provided;
15 (d) employees have a reasonable avenue of
redress against unfair or unreasonable
treatment.
94D. Duty of Chief Executive Officer
The Chief Executive Officer must give
20 Council staff an opportunity to apply for any
vacant permanent full-time Council staff
position that the Chief Executive Officer
intends to fill.
95. Conduct principles
25 (1) Council staff must in the course of their
employment--
(a) act impartially;
(b) act with integrity including avoiding
real or apparent conflicts of interest;
30 (c) accept accountability for results;
(d) provide responsive service.
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(2) Nothing in sub-section (1)(c) affects the
granting of an indemnity to a member of
Council staff in respect of any liability or
limits the effect of--
5 (a) any such indemnity, whether granted
before or after the commencement of
section 24 of the Local Government
(Update) Act 2002; or
(b) any immunity conferred on a member
10 of Council staff by or under any Act,
whether before or after that
commencement.".
25. Amendments consequential to changes in section 24
(1) In section 3(1) of the Local Government Act
15 1989, for the definition of "senior officer"
substitute--
' "senior officer" means--
(a) the Chief Executive Officer;
(b) any officer who has management
20 responsibilities and reports directly to
the Chief Executive Officer;
(c) any other member of Council staff who
is entitled to a total level of annual
remuneration that exceeds the amount
25 prescribed for the purposes of this
definition;'.
(2) Sections 97C and 99 of the Local Government
Act 1989 are repealed.
26. Delegations
30 (1) In section 98(1)(c) of the Local Government Act
1989 omit "except as provided in section 149".
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(2) After section 98(4) of the Local Government Act
1989 insert--
"(5) A delegation under this section to a member
of Council staff may be made to--
5 (a) a person named in the delegation; or
(b) the holder of an office or position
specified in the delegation.
(6) A Council must review all delegations which
are in force and have been made by the
10 Council under sub-section (1) within the
period of 12 months after a general
election.".
27. New section 25A inserted into City of Melbourne
Act 2001
15 After section 25 of the City of Melbourne Act
2001 insert--
"25A. Delegation to Lord Mayor
The Council may by instrument of
delegation delegate to the Lord Mayor a
20 power, duty or function of the Council
specified in the instrument relating to--
(a) the appointment of Councillors to chair
committees;
(b) the appointment of Councillors to
25 represent the Council on external
organisations, committees and working
parties;
(c) travelling arrangements relating to
Councillors;
30 (d) expenses incurred by Councillors in the
course of their duties.".
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PART 4--RESOURCE ACCOUNTABILITY
28. Parts 6 and 7 substituted
For Parts 6 and 7 of the Local Government Act
1989 substitute--
5 "PART 6--PLANNING AND
ACCOUNTABILITY REPORTS
125. Council Plan
(1) A Council must prepare and approve a
Council Plan--
10 (a) within the period of 9 months after the
commencement of section 28 of the
Local Government (Update) Act
2002; and
(b) within the period of 9 months after a
15 general election.
(2) A Council Plan must include--
(a) the strategic objectives of the Council
for at least the next 3 years;
(b) strategies for achieving the objectives;
20 (c) strategic performance indicators for
monitoring the achievement of the
objectives;
(d) a strategic resource plan containing the
matters specified in section 126;
25 (e) any other matters which are prescribed
by the regulations.
(3) A person has a right to make a submission
under section 223 on the proposed Council
Plan.
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(4) The Minister may extend the period within
which a Council must comply with sub-
section (1).
(5) A Council must submit a copy of the Council
5 Plan to the Minister within the period of
3 months after the Council Plan has been
approved.
(6) If a Council fails to submit a Council Plan to
the Minister within the time allowed, the
10 Minister must ensure that details of the
failure are published in the annual report of
the Department of Infrastructure.
(7) A Council may review and revise the current
Council Plan.
15 (8) A copy of the current Council Plan must be
available for inspection by the public at the
Council office and district offices and at any
other place required by the regulations.
126. Strategic Resource Plan
20 (1) The Strategic Resource Plan is a resource
plan of the resources required to achieve the
strategic objectives.
(2) The Strategic Resource Plan must include--
(a) the standard statements describing the
25 required financial resources in the form
and containing the information required
by the regulations;
(b) statements describing the required non-
financial resources, including human
30 resources.
(3) A Council must--
(a) review the Strategic Resource Plan
during the preparation of the Council
Plan; and
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(b) maintain at all times a Strategic
Resource Plan that includes the
standard statements for a period of at
least the next 3 financial years.
5 127. Council must prepare a budget
(1) A Council must prepare a budget for each
financial year.
(2) The Council must ensure that the budget
contains--
10 (a) the standard statements in the form and
containing the matters required by the
regulations;
(b) a description of the activities and
initiatives to be funded in the budget;
15 (c) a statement as to how the activities and
initiatives described under paragraph
(b) will contribute to achieving the
strategic objectives specified in the
Council Plan;
20 (d) separately identified Key Strategic
Activities to be undertaken during the
financial year and performance targets
and measures in relation to each Key
Strategic Activity;
25 (e) any other details required by the
regulations.
128. Revised budget
(1) A Council must prepare a revised budget if
circumstances arise which cause a material
30 change in the budget and which affects the
financial operations and position of the
Council.
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(2) The Council must ensure that a revised
budget is prepared as soon as is practicable
after the Council becomes aware of the
change in the budget.
5 (3) The Council must ensure that a revised
budget contains all the details required by the
regulations.
129. Minister may require information
concerning budgets
10 (1) A Council must give the Minister any details
required by the regulations concerning the
budget or a revised budget within the time
specified in the regulations.
(2) A Council must give the Minister any details
15 concerning its budget or revised budget that
the Minister requests.
(3) A Council must comply with sub-section
(2)--
(a) within 14 days of receiving a request in
20 writing for the details from the
Minister; or
(b) within any longer period specified by
the Minister in the request.
130. Budget or revised budget must include
25 proposed borrowings
(1) A Council cannot borrow money under
section 147(3) or 147(4) unless the proposed
borrowings were included in a budget or
revised budget.
30 (2) If the proposed borrowings are to re-finance
existing loans, the Council is not required to
include the proposed borrowings in a budget
or revised budget.
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131. Use of loan for different purpose
A Council may only apply unexpended
money previously borrowed for a particular
purpose for capital works included in the
5 current budget or a revised budget.
132. Use of funds for different purpose
A Council may with the consent of the
Minister use part or all of a specific purpose
fund (other than borrowings) under this Act
10 or any other Act for a different purpose.
133. Public notice
(1) As soon as practicable after a Council has
prepared a budget or revised budget, the
Council must give public notice.
15 (2) A person has a right to make a submission
under section 223 on any proposal contained
in the budget or revised budget.
(3) In addition to any other requirements
specified by this Act, the notice referred to in
20 sub-section (1) must--
(a) contain any details required by the
regulations; and
(b) advise that copies of the budget or
revised budget are available for
25 inspection for at least 14 days after the
publication of the notice at the Council
office and district offices and at any
other place required by the regulations.
(4) A copy of the budget or revised budget must
30 be displayed at the places specified under
sub-section (3)(b).
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134. Adoption of budget or revised budget
(1) A Council may adopt a budget or revised
budget if it has complied with all of the
relevant requirements of this Act relating to
5 budgets and revised budgets.
(2) The Council must give public notice of its
decision under sub-section (1).
(3) The Council must adopt the budget by
31 August each year.
10 135. Quarterly statements
(1) At least every 3 months, the Chief Executive
Officer must ensure that a statement
comparing the budgeted revenue and
expenditure for the financial year with the
15 actual revenue and expenditure to date is
presented to the Council.
(2) The regulations may prescribe matters to be
included in the statement.
136. Performance statement
20 (1) As soon as is reasonably practicable after the
end of each financial year, a Council must
prepare a performance statement.
(2) The performance statement must include--
(a) the Key Strategic Activities and
25 performance targets and measures
specified in the budget for that financial
year;
(b) the actual results achieved for that
financial year having regard to those
30 performance targets and measures.
(3) Despite sub-section (2), the performance
statement prepared by a Council in respect of
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the financial year during which section 28 of
the Local Government (Update) Act 2002
comes into operation must report on the
performance targets and measures specified
5 in the corporate plan prepared in respect of
that financial year and references in this
section are to be construed accordingly.
(4) The statement must--
(a) be in the form; and
10 (b) contain the details--
required by the regulations.
(5) The Council must submit the statement to its
auditor as soon as possible after the
statement has been prepared.
15 (6) The Council must not submit the statement
to its auditor or the Minister unless the
Council has passed a resolution giving its
approval in principle to the statement.
(7) The Council must authorise 2 Councillors to
20 approve the statement in its final form after
any changes recommended, or agreed to, by
the auditor have been made.
(8) The approval by the 2 Councillors must be
given in the form and manner required by the
25 regulations.
(9) The Council must submit the statement to
the Minister within 3 months of the end of
the financial year to which the statement
relates.
30 (10) The Council must comply with sub-section
(9) even if the auditor has not yet prepared
the report on the statement required by
section 137.
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(11) If the statement shows that the Council has
failed to substantially achieve the
performance targets in relation to the Key
Strategic Activities set out in the budget, the
5 Council must ensure that the copy of the
statement submitted to the Minister is
accompanied by a written explanation of
why it failed to achieve the performance
targets.
10 137. Audit report
The auditor must--
(a) prepare a report on the performance
statement prepared by a Council under
section 136 in the form and containing
15 the details required by the Minister; and
(b) submit a copy of that report to the
Minister and the Council as soon as is
reasonably practicable after the report
has been prepared.
20 138. Annual report
(1) A Council must in respect of each financial
year prepare an annual report containing--
(a) a report of its operations during the
financial year;
25 (b) audited standard statements for the
financial year;
(c) a copy of the performance statement
prepared under section 136; and
(d) a copy of the report on the performance
30 statement prepared under section 137;
(e) any other matter required by the
regulations.
(2) The report of operations must--
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(a) be prepared in a form and contain
information determined by the Council
to be appropriate; and
(b) contain any other information required
5 by the regulations.
(3) The standard statements must--
(a) be prepared in the manner and form
prescribed by the regulations;
(b) show any variations from the standard
10 statements in the budget as prepared
under section 127 and, if the variation
is material, explain the reason for the
variation;
(c) be submitted in their finalised form to
15 the auditor for auditing as soon as
possible after the end of the financial
year;
(d) be certified in the manner prescribed.
(4) The auditor must not sign the auditor's report
20 concerning the standard statements unless
sub-section (3)(d) has been complied with.
(5) The annual report must be submitted to the
Minister within 3 months of the end of each
financial year or such longer period as the
25 Minister may permit in a particular case.
(6) The Council must not submit the standard
statements to its auditor or the Minister
unless it has passed a resolution giving its
approval in principle to the statements.
30 (7) The Council must authorise 2 Councillors to
certify the standard statements in their final
form after any changes recommended, or
agreed to, by the auditor have been made.
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(8) If a Council fails to submit its annual report
within the time allowed under sub-section
(5), the Minister must ensure that details of
the failure are published in the annual report
5 of the Department of Infrastructure.
(9) After the annual report has been submitted to
the Minister, the Council must give public
notice that the annual report has been
prepared and can be inspected at the Council
10 office.
(10) After the Council has received a copy of the
report of the auditor under section 9 of the
Audit Act 1994, the Council must--
(a) give public notice that the Council has
15 received the copy and that the copy can
be inspected at the Council office;
(b) ensure that the copy is available for
public inspection at any time that the
Council office is open to the public.
20 139. Meeting to consider annual report
(1) A Council must consider the annual report at
a meeting of the Council.
(2) The meeting--
(a) must be held as soon as practicable but
25 within the time required by the
regulations, after the Council has sent
the annual report to the Minister;
(b) must be advertised at least 14 days
before the meeting is held in a public
30 notice that states--
(i) that the annual report will be
discussed at the meeting; and
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(ii) the place from which copies of the
annual report can be obtained
before the meeting;
(c) must be kept open to the public while
5 the annual report is discussed.
140. Minister may direct Council to submit
standard statements
(1) If the Minister considers that it is necessary
or appropriate in the public interest to do so,
10 the Minister may in writing direct a Council
to prepare and submit within 4 weeks after
the date of the direction--
(a) standard statements in respect of any
part of a financial year; and
15 (b) any other related information specified
in the direction.
(2) In this section, a reference to a Council
includes a reference to--
(a) a corporation, all the shares in which
20 are owned by or on behalf of one or
more Councils, whether directly or
indirectly;
(b) a trustee of a trust of which a Council is
the principal beneficiary or of which
25 several Councils are the principal
beneficiaries;
(c) a regional library under section 196.
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PART 7--FINANCIAL MANAGEMENT
141. Principles of sound financial management
(1) A Council must implement the principles of
sound financial management.
5 (2) The principles of sound financial
management are that a Council must--
(a) manage financial risks faced by the
Council prudently, having regard to
economic circumstances;
10 (b) pursue spending and rating policies that
are consistent with a reasonable degree
of stability in the level of the rates
burden;
(c) ensure that decisions are made and
15 actions are taken having regard to their
financial effects on future generations;
(d) ensure full, accurate and timely
disclosure of financial information
relating to the Council.
20 (3) The risks referred to in sub-section (2)(a)
include risks relating to--
(a) the level of Council debt;
(b) the commercial or entrepreneurial
activities of the Council;
25 (c) the management and maintenance of
assets;
(d) the management of current and future
liabilities;
(e) changes in the structure of the rates and
30 charges base.
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142. Budgeting and reporting framework
A Council must establish and maintain a
budgeting and reporting framework that is
consistent with the principles of sound
5 financial management.
143. Accounts and records
(1) A Council has a duty to ensure that there are
kept in accordance with the regulations--
(a) proper accounts and records of the
10 transactions and affairs of the Council;
and
(b) such other records as will sufficiently
explain the financial operations and
financial position of the Council.
15 (2) A Council has a duty to do all things
necessary to--
(a) ensure that all money payable to the
Council is properly collected;
(b) ensure that appropriate arrangements
20 are implemented for the security of all
money received by the Council;
(c) ensure that all money expended by the
Council is correctly expended and
properly authorised;
25 (d) ensure that adequate control is
maintained over assets owned by or in
the custody of the Council;
(e) ensure that all liabilities incurred by the
Council are properly authorised;
30 (f) ensure efficiency and economy of
operations and the avoidance of waste
and extravagance;
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(g) develop and maintain an adequate
budgeting and accounting system;
(h) develop and maintain adequate internal
control systems.
5 (3) A Council has a duty to ensure that its
accounts and records are kept up to date and
ready for inspection at any time by any
person authorised to inspect the accounts and
records.
10 144. Payments
A Council may apply any money to--
(a) enable the Council to perform the
functions and exercise the powers
conferred on the Council by or under
15 this Act or any other Act;
(b) repay to a person any money overpaid
or wrongly paid by the person to the
Council;
(c) refund to a person the whole or part of
20 any money paid by the person to the
Council for a particular purpose or as a
condition of any agreement or
arrangement which has not been
performed or which has been only
25 partly performed whether by that
person or the Council.
145. Power to defer or waive payments
(1) A Council may waive the payment by a
person of the whole or part of any money
30 payable by the person to the Council for a
particular purpose or as a condition of any
agreement or arrangement which has not
been performed or which has been only
partly performed whether by that person or
35 the Council.
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(2) Sub-section (3) applies--
(a) to a person who owes any money (other
than rates and charges) to a Council for
any act, matter or thing done by the
5 Council or for a particular purpose or as
a condition of any agreement or
arrangement; and
(b) if the Council considers that the
payment of the money would cause
10 hardship to the person.
(3) The Council may--
(a) defer the payment of the whole or any
part of the money and the interest or
any part of the interest payable on that
15 money for the period and subject to any
conditions determined by the Council;
or
(b) waive the payment of the whole or any
part of the money and the interest or
20 any part of the interest payable on that
money; or
(c) waive the payment of the whole or any
part of the interest payable on the
money.
25 146. Investments
A Council may invest any money--
(a) in Government securities of the
Commonwealth;
(b) in securities guaranteed by the
30 Government of Victoria;
(c) with an authorised deposit-taking
institution;
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(d) with any financial institution
guaranteed by the Government of
Victoria;
(e) on deposit with an eligible money
5 market dealer within the meaning of the
Corporations Act;
(f) in any other manner approved by the
Minister after consultation with the
Treasurer either generally or
10 specifically, to be an authorised manner
of investment for the purposes of this
sub-section.
147. Power to borrow
(1) A Council may borrow money to enable the
15 Council to perform the functions and
exercise the powers conferred on the Council
under this Act or any other Act.
(2) This section also applies to borrowing in the
form of finance leases.
20 (3) The amount borrowed for ordinary purposes
must not at any time exceed 6 per cent of the
capital improved value of all the rateable
land in the municipal district as shown in the
audited financial statements of the Council
25 for the last financial year.
(4) The amount borrowed for the purposes of
municipal enterprises must not at any time
exceed the total value of the assets of the
municipal enterprise and the estimated gross
30 income from the municipal enterprise for a
period of 10 years.
(5) The amount borrowed on the security of any
special rates and special charges must not at
any time exceed the estimated income from
35 the special rates and special charges.
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148. Circumstances in which power to borrow
may be exercised
(1) Without limiting the generality of section
147, the power to borrow conferred by
5 section 147 may be exercised--
(a) to repay the principal money owing
under any previous borrowing; or
(b) to meet the consideration still
outstanding under a contract which has
10 been partly or wholly performed and in
respect of which the power to borrow
conferred by section 147 could have
been exercised at the time the contract
was made.
15 (2) The power to borrow conferred by section
147 cannot be exercised to repay an advance
by overdraft under section 151(1) or 151(3)
unless--
(a) the approval of the Minister has been
20 obtained; and
(b) any conditions imposed by the Minister
are complied with.
149. Borrowings to be secured
(1) Except in the case of a finance lease, money
25 borrowed under section 147 is to be secured
by entering into a security--
(a) in the case of borrowings under section
147(3), over the general rates; or
(b) in the case of borrowings under section
30 147(4), over the total value of the assets
of the municipal enterprise and the
income from the municipal enterprise;
or
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(c) in the case of borrowings under section
147(5), over the special rates and
charges.
(2) Unless expressly forbidden by the Act or
5 instrument under which a body corporate or
company acts, a security under this section is
a lawful investment for any money which a
body corporate incorporated under an Act or
any company is authorised to invest.
10 150. Provisions with respect to securities
Schedule 9 has effect with respect to
securities given by a Council under
section 149.
151. Overdrafts
15 (1) A Council may obtain an advance from an
authorised deposit-taking institution by
overdraft secured by entering into a security
over the general rates of the Council.
(2) The advance under sub-section (1) must not
20 exceed the amount of all general rates,
municipal charges, service rates and service
charges received by the Council during the
previous financial year.
(3) A Council may also obtain an advance from
25 an authorised deposit-taking institution by
overdraft secured on the assets and income
of a municipal enterprise which must not
exceed the total value of--
(a) the assets of the municipal enterprise;
30 and
(b) the estimated gross income from the
municipal enterprise for a period of
10 years.
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(4) A Council may also obtain an advance from
an authorised deposit-taking institution by
overdraft secured on a special rate or charge
which must not exceed the estimated income
5 from the special rates and special charges.".
29. Amendments consequential on changes in section 28
(1) In section 3(1) of the Local Government Act
1989--
(a) after the definition of "farm land" insert--
10 ' "finance lease" means a finance lease
within the meaning of the Australian
Accounting Standards as issued by the
Australian Accounting Research
Foundation;';
15 (b) after the definition of "senior officer"
insert--
' "standard statements" means the relevant
standard statements prescribed by the
regulations;'.
20 (2) In the Local Government Act 1989--
(a) in section 79(9)(a) omit "the municipal fund
or any other";
(b) in section 219(3)(c) for "out of the municipal
fund" substitute "by the Council";
25 (c) in section 220S(3)(d), for "section 150"
substitute "section 134";
(d) in section 220S(3)(e)--
(i) for "corporate plan" substitute
"Council plan";
30 (ii) for "section 153A" substitute "section
125";
(e) in section 240(2) for "into the municipal
fund of" substitute "to";
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(f) in Schedule 9, for "Section 142" substitute
"Section 150".
(3) For section 196(7) of the Local Government Act
1989 substitute--
5 '(7) The following provisions apply to a regional
library as if it were a Council and as if the
members of its governing body were
Councillors--
(a) sections 75 to 81;
10 (b) Division 2 of Part 4 (except section 84);
(c) Division 3 of Part 4 except--
(i) section 98; and
(ii) that a reference to a "senior
officer" is to be construed as if
15 paragraph (b) of the definition of
"senior officer" were omitted;
(d) Part 5;
(e) Part 6 (except sections 131, 136,
137,138(1)(c) and 138(1)(d));
20 (f) sections 141, 142, 143 and 146;
(g) section 186 and sections 189 to 194;
(h) Part 11 (except sections 221, 225, 226,
227, 227AA, 229 and 230).'.
(4) Section 197A(a) of the Local Government Act
25 1989 is repealed.
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30. Sections 197D and 197E substituted
For sections 197D and 197E of the Local
Government Act 1989 substitute--
'197D. Library Plan
5 Section 125 applies to a regional library as
if--
(a) a reference to a Council were a
reference to a regional library;
(b) a reference to a Council Plan were a
10 reference to a Library Plan;
(c) for sub-section (1)(b) there were
substituted--
"(b) within 6 months of the date the
regional library becomes a body
15 corporate; and
(c) within each period of 3 years after
the last Library Plan was
approved.".
197E. Offence to fail to comply with provisions
20 A regional library must comply with the
obligations imposed on a regional library by
section 138 as applied by section 196(7) and
section 125 as applied by section 197D.
Penalty: 50 penalty units.'.
25 31. Section 132 relocated
After section 223B of the Local Government Act
1989 insert--
"223C. Offences relating to investigations
(1) A person must not--
30 (a) refuse or fail to comply with a
requirement of an inspector of
municipal administration to the extent
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to which that person is able to comply;
or
(b) give information which he or she
knows is false or misleading to an
5 inspector of municipal administration;
or
(c) when appearing before an inspector of
municipal administration--
(i) refuse to take an oath or
10 affirmation; or
(ii) make a false or misleading
statement.
Penalty: 100 penalty units or imprisonment
for 2 years.
15 (2) If a person fails to comply with a
requirement made by an inspector of
municipal administration and does not prove
that he or she had a lawful excuse for the
failure, the inspector of municipal
20 administration may certify the failure in
writing to the Supreme Court.
(3) The Supreme Court may inquire into the
failure and may--
(a) make an order requiring the person to
25 comply with the requirement made by
the inspector of municipal
administration within the period fixed
by the Supreme Court; or
(b) instead of or in addition to an order
30 under paragraph (a), if the Supreme
Court is satisfied that the person failed
without lawful excuse to comply with
the requirement of the inspector of
municipal administration punish the
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person as if he or she had been guilty of
contempt of court.".
32. Sections 133 and 134 relocated
After section 240 of the Local Government Act
5 1989 insert--
"240A. Imposition of a surcharge
(1) If the Secretary to the Department of
Infrastructure considers that--
(a) any expenditure has been incurred in
10 contravention of any Act, regulation or
local law; or
(b) any deficiency or loss has been incurred
by the misconduct of a Councillor or a
member of the Council staff; or
15 (c) any money which should have been
brought into account has not been
brought into account--
the Secretary to the Department of
Infrastructure may, unless section 76 or 228
20 applies, recommend to the Minister that the
Councillor or member of the Council staff
responsible be surcharged.
(2) The Minister may by notice in writing
require the Councillor or member of the
25 Council staff to show cause why he or she
should not be surcharged.
(3) The surcharge must not exceed the amount
of the expenditure, deficiency or loss or the
amount which has not been brought into
30 account.
(4) If the Councillor or member of the Council
staff does not show cause to the satisfaction
of the Minister, the Minister may by notice
in writing impose the surcharge.
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(5) A person whose interests are affected by a
decision of the Minister imposing a
surcharge may apply to the Victorian Civil
and Administrative Tribunal for review of
5 the decision.
(6) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
10 Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
15 under section 46(5) of that Act that a
statement of reasons will not be given.
240B. Payment of the surcharge
(1) A surcharge is a debt due and payable to the
Council by the person on whom it is
20 imposed.
(2) The Council is entitled to deduct any amount
towards the discharge of the amount of the
surcharge from any allowances or other
benefit payable to the person on whom the
25 surcharge is imposed.
(3) If the person on whom a surcharge is
imposed is a Councillor who does not pay
the surcharge within 3 months of it being
imposed or confirmed on a review, the
30 person becomes incapable of continuing to
be or becoming a Councillor until the
surcharge is paid.".
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33. Amendment consequential on changes in section 32
In section 220S(2)(j) of the Local Government
Act 1989, for "section 133" substitute "section
240A".
5 34. Consequential amendments to Docklands Authority
Act 1991
In the Docklands Authority Act 1991--
(a) in section 35C(1)(b), for "137" substitute
"145";
10 (b) in section 51A(2), for "Section 132 and sub-
sections (2) to (6) of section 223B"
substitute "Sub-sections (2) to (6) of section
223B and section 223C".
__________________
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PART 5--ELECTORAL MATTERS
35. New section 10A inserted
After the heading to Division 1 of Part 3 of the
Local Government Act 1989 insert--
5 "10A. Entitlements
(1) A person can only be enrolled on the voters'
roll if--
(a) the person has an entitlement to be
enrolled without application as at the
10 entitlement date; or
(b) the person is entitled to apply to be
enrolled and the application--
(i) complies with sub-section (2); and
(ii) is accepted in accordance with this
15 Division; or
(c) the person is appointed to vote on
behalf of a corporation and the
application for appointment--
(i) complies with sub-section (2); and
20 (ii) is accepted in accordance with this
Division.
(2) An application must--
(a) be in writing;
(b) contain the details required by the
25 regulations;
(c) be delivered to the Council office by
4 p.m. on the entitlement date.
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(3) Unless section 20 applies, enrolment under
an application referred to in sub-section
(1)(b) or (1)(c) continues in force until the
next exhibition roll date for a general
5 election.".
36. Entitlement of persons who attain 18 years after the
entitlement date
(1) After section 11(1) of the Local Government Act
1989 insert--
10 "(1A) Despite sub-section (1), a person who--
(a) will attain 18 years of age on or before
election day; and
(b) had the person been not less than
18 years of age on the entitlement date
15 would be an elector in respect of an
address in a ward if a roll of electors for
the Legislative Assembly was
prepared--
is entitled without application to be enrolled
20 on the voters' roll in respect of that address.".
(2) In section 11(2)(b) of the Local Government Act
1989, after "age" insert "or is less than 18 years of
age but will attain the age of 18 years on or before
election day".
25 (3) In section 12(b) of the Local Government Act
1989, after "age" insert "or is less than 18 years of
age but will attain the age of 18 years on or before
election day".
(4) In section 17(1)(a) of the Local Government Act
30 1989, after "age" insert "and will not attain the
age of 18 years on or before election day".
37. Consequential amendments
Sections 13(1A) and 16 of the Local Government
Act 1989 are repealed.
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38. Entitlement of occupiers to be enrolled without
application removed
Sections 11(4) and 11(5) of the Local
Government Act 1989 are repealed.
5 39. Consequential amendment
In section 14(1) of the Local Government Act
1989, omit "11(4),".
40. Section 15 substituted
For section 15 of the Local Government Act
10 1989 substitute--
"15. Procedure if there are more than 2 non-
resident owners
(1) For the purposes of section 11(2), if it
appears from the rate records of the Council
15 that there are more than 2 owners of any
rateable land, the Chief Executive Officer
must enrol without application the
2 owners--
(a) whose names appear first on the rate
20 records in relation to that land when
those names are read in the order in
which they appear in those records; and
(b) who satisfy the requirements of
paragraphs (b), (c) and (d) of section
25 11(2) in respect of that land.
(2) Despite sub-section (1), if a written request
containing the details required by the
regulations is delivered to the Council office
by 4 p.m. on the entitlement date requesting
30 that the owner or 2 owners of the rateable
land specified in the request be enrolled on
the voters' roll instead of the owner or
2 owners that would otherwise be enrolled
by virtue of sub-section (1), the Chief
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Executive Officer must give effect to the
request.
(3) A person enrolled on the voters' roll in
accordance with sub-section (1) or (2)
5 continues to be enrolled unless a written
request containing the details required by the
regulations is delivered to the Council office
by 4 p.m. on the entitlement date requesting
that the owner specified in the request be
10 enrolled on the voters' roll instead of that
person.".
41. New section 8A inserted into City of Melbourne Act
2001
After the heading to Division 1 of Part 3 of the
15 City of Melbourne Act 2001 insert--
'8A. Entitlements in relation to City of
Melbourne elections
(1) The Local Government Act 1989 applies as
if--
20 (a) for section 10A(3) there were
substituted--
"(3) Unless section 20 applies,
enrolment under an application
referred to in section 12 continues
25 in force until the next exhibition
roll date for a general election.";
(b) after section 11(3) there were
inserted--
"(4) A person who on the entitlement
30 date--
(a) is not a person referred to in
sub-section (1) or (2); and
(b) is not less than 18 years of
age or is less than 18 years of
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age but will attain the age of
18 years on or before the
election day; and
(c) is the occupier of any
5 rateable land, whether solely
or jointly with any other
person or persons; and
(d) is not a resident of the ward
in which that rateable land is
10 located--
is entitled without application to
be enrolled on the voters' roll in
respect of that rateable land.
(5) For the purposes of sub-section
15 (4), only 2 joint occupiers are
entitled to be enrolled in respect of
any rateable land or portion of any
rateable land that is separately
occupied and controlled.";
20 (c) in section 14(1), after "11(2)," there
were inserted "11(4),".
(2) The Local Government Act 1989 applies as
if after section 15 there were inserted--
"15A. Procedure if there are more than 2 non-
25 resident occupiers
(1) For the purposes of section 11(4), if it
appears from the Council records that there
are more than 2 occupiers of any rateable
land, the Chief Executive Officer must enrol
30 without application the 2 occupiers--
(a) whose names appear first on the
Council records in relation to that
occupancy when those names are read
in the order in which they appear in
35 those records; and
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(b) who satisfy the requirements of
paragraphs (b), (c) and (d) of section
11(4) in respect of that land.
(2) Despite sub-section (1), if a written request
5 containing the details required by the
regulations is delivered to the Council office
by 4 p.m. on the entitlement date requesting
that the occupier or 2 occupiers of the
rateable land specified in the request be
10 enrolled on the voters' roll instead of the
occupier or 2 occupiers that would otherwise
be enrolled by virtue of sub-section (1), the
Chief Executive Officer must give effect to
the request.
15 (3) A person enrolled on the voters' roll in
accordance with sub-section (1) or (2)
continues to be enrolled unless a written
request containing the details required by the
regulations is delivered to the Council office
20 by 4 p.m. on the entitlement date requesting
that the occupier specified in the request be
enrolled on the voters' roll instead of that
person.".'.
42. Consequential amendments to City of Melbourne Act
25 2001
In section 9(d) of the City of Melbourne Act
2001, for "16, 17, 20(1) and 22(2)" substitute
"17 and 20(1)".
43. New section 20A inserted--Request that address not
30 be shown
After section 20 of the Local Government Act
1989 insert--
"20A. Request that address not be shown
(1) A person may lodge a request with the Chief
35 Executive Officer in the prescribed form that
the address of the person not be shown on
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any voters' roll if the person considers that
having the address on the voters' roll places
or would place the personal safety of the
person or of members of the person's family
5 at risk.
(2) A request must--
(a) give particulars of the relevant risk; and
(b) be verified by statutory declaration by
the person making the request.
10 (3) If the Chief Executive Officer is satisfied
that having the address of the person making
the request shown on any voters' roll places
or would place the personal safety of the
person or of members of the person's family
15 at risk, the Chief Executive Officer must
ensure that the address of the person is not
entered on any voters' roll.
(4) The Chief Executive Officer must notify the
person in writing of a decision to grant or
20 refuse a request made by a person under sub-
section (1).".
44. Sections 21 to 24 substituted
For sections 21 to 24 of the Local Government
Act 1989 substitute--
25 "21. Victorian Electoral Commission to prepare
list
(1) The Victorian Electoral Commission must
within 2 weeks of the exhibition roll date for
a general election supply to the Registrar a
30 voters' list for each ward of the persons who
appear to the Victorian Electoral
Commission to be entitled to be enrolled
under sections 11(1) and 11(1A), identifying
those persons whose request that their
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principal place of residence not be shown has
been accepted.
(2) The Victorian Electoral Commission must
within 2 weeks of the exhibition roll date for
5 a general election supply to the Registrar a
list of the names of persons--
(a) who are no longer entitled to be
enrolled as an elector for the Council or
Assembly by virtue of section 48(2)(d)
10 of the Constitution Act 1975 since the
Victorian Electoral Commission last
supplied such a list; and
(b) whose last recorded address was in the
municipal district.
15 (3) The Chief Executive Officer must supply to
the Victorian Electoral Commission within
the period specified by the Victorian
Electoral Commission any information
required by the Victorian Electoral
20 Commission to prepare the voters' list.
22. Chief Executive Officer to prepare voters'
list
(1) The Chief Executive Officer is responsible
for the preparation of the voters' list prepared
25 under this section and the maintenance of
any records which may be required to
facilitate the preparation of an accurate and
complete voters' list.
(2) The Chief Executive Officer must within
30 2 weeks of the exhibition roll date for a
general election supply to the Registrar a
voters' list for each ward of the persons who
appear to the Chief Executive Officer to be
entitled to be enrolled under section 11(2),
35 identifying those persons whose request that
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their address not be shown has been
accepted.
23. Registrar to prepare exhibition roll
(1) The Registrar must from the voters' lists
5 received under sections 21 and 22 compile
the exhibition roll by the exhibition roll date
for a general election.
(2) The registrar must remove from the voters'
list received under section 22--
10 (a) any person who appears on the voters'
list supplied under section 21(1); and
(b) any person who appears on the list
supplied under section 21(2).
(3) An exhibition roll may be prepared--
15 (a) for each of, or combining, the voters'
lists; and
(b) for each ward or for the whole of the
municipal district but identifying the
ward in respect of which each person is
20 enrolled.
23A. Public notification and exhibition
(1) In the case of a general election, the Chief
Executive Officer must on or before the
exhibition roll date give a letter to each
25 person whose name appeared on the last
voters' roll by application under section 12
or 13--
(a) specifying that the enrolment of the
person has ceased to have effect and
30 that if still entitled, a new application
must be made under section 12 or 13;
and
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(b) enclosing the relevant application form
under section 12 or 13.
(2) In the case of a by-election or a poll of
voters, the exhibition roll to be used for the
5 purposes of this section and section 24 is the
voters' roll prepared for the last election.
(3) The Chief Executive Officer must at least
10 days before the entitlement date publish a
public notice stating--
10 (a) the entitlement date;
(b) when and where the exhibition roll is
available for inspection by members of
the public;
(c) that a person has a right of objection
15 under this section;
(d) when the voters' roll will close;
(e) who can apply to enrol;
(f) how they can apply to enrol.
(4) The Chief Executive Officer must ensure
20 that the exhibition roll is available for
inspection by members of the public for the
period--
(a) beginning at least 5 working days
before the entitlement date; and
25 (b) ending at 4 p.m. on the entitlement
date.
(5) A person may within the period specified in
sub-section (4) object in writing to the
Registrar on the ground that the exhibition
30 roll contains--
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(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
5 (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 (6) The Registrar must as soon as practicable
after receiving an objection which relates to
the voters' list prepared under section 21
forward the objection to the Victorian
Electoral Commission.
15 24. Preparation of voters' rolls
(1) The close of the roll is 4 p.m. on the
entitlement date.
(2) The Registrar must compile a voters' roll
containing the prescribed particulars of
20 persons entitled to be enrolled as at the close
of the roll from--
(a) the exhibition roll; and
(b) objections received under section
23A(5); and
25 (c) information received under sub-
sections (4) and (5).
(3) A voters' roll may be prepared for each ward
or for the whole of the municipal district but
identifying the ward in respect of which each
30 person is enrolled.
(4) The Victorian Electoral Commission must
provide to the Registrar not later than 5 days
after the entitlement date sufficient records
in a form specified by the Registrar so as to
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enable the exhibition roll to be updated in
respect of persons entitled to be enrolled
under sections 11(1) and 11(1A) as at the
close of the roll.
5 (5) The Chief Executive Officer must provide to
the Registrar not later than 5 days after the
entitlement date sufficient records in a form
specified by the Registrar so as to enable the
exhibition roll to be updated in respect of
10 persons--
(a) who the Chief Executive Officer knows
have become entitled to be enrolled
under section 11(2); or
(b) who the Chief Executive Officer knows
15 have ceased to be entitled to be enrolled
under section 11(2); or
(c) for which applications to be enrolled
under sections 12 and 13 have been
accepted--
20 during the period from the preparation of the
voters' list under section 22 until the close of
the roll.
(6) The Chief Executive Officer must--
(a) in the case of a general election or a
25 by-election, not later than 3 days before
nomination day; or
(b) in the case of a poll of voters, not later
than 14 days after the entitlement
date--
30 certify in writing that the voters' roll has
been prepared in accordance with this Act.
(7) The voters' roll signed and certified by the
Chief Executive Officer--
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(a) continues in force until the next voters'
roll is prepared; and
(b) must not be amended except in
accordance with section 24A.
5 24A. Amendment of voters' roll
(1) A voters' roll may be amended by the Chief
Executive Officer if--
(a) there is any error in the preparation,
printing or copying of the voters' roll;
10 or
(b) there is any misnomer or any inaccurate
description of any person, place or
thing on the voters' roll.
(2) If an amendment under sub-section (1)
15 relates to a person enrolled under section
11(1), the Chief Executive Officer must
obtain the approval of the Victorian Electoral
Commission.
(3) The amendment of the voters' roll under sub-
20 section (1) must be--
(a) certified by the Chief Executive Officer
and the Returning Officer for the
election; or
(b) if a member of Council staff is the
25 Returning Officer for the election,
certified by the Chief Executive Officer
and the Victorian Electoral
Commission.
(4) The certification under sub-section (3)
30 must--
(a) be in writing;
(b) detail the amendments made;
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(c) specify the reasons why the
amendments were made.
24B. Inspection of voters' roll
The Chief Executive Officer must ensure
5 that the voters' roll certified under section 24
is available for inspection by members of the
public for the period--
(a) beginning on the day that the voters'
roll is certified; and
10 (b) ending 30 days after election day.
24C. Provision of voters' rolls
(1) The Chief Executive Officer must only
provide a copy of a voters' roll to a person in
accordance with this section.
15 (2) On the request of any candidate for an
election, the Chief Executive Officer must
provide to the candidate, free of charge, a
copy of the voters' roll for the ward or
municipal district for which the candidate
20 has nominated in a form determined by the
Chief Executive Officer.
(3) A candidate must--
(a) only use a copy of a voters' roll
provided under sub-section (2) for the
25 purpose of conducting the election
campaign; and
(b) within the period of 30 days after the
day of the election, either destroy the
copy of the voters' roll and any copies
30 made from it or return the copy of the
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voters' roll and any copies made from it
to the Chief Executive Officer.
Penalty: 20 penalty units.
(4) On the request of any person or organisation,
5 the Chief Executive Officer may only
provide a copy of the voters' roll to the
person or organisation for a permitted
purpose--
(a) in a form determined by the Chief
10 Executive Officer; and
(b) subject to any conditions determined by
the Chief Executive Officer; and
(c) upon payment of the fee determined by
the Chief Executive Officer.
15 (5) A permitted purpose for the purposes of sub-
section (4) is--
(a) any purpose connected with an
election;
(b) any purpose connected with
20 communicating with or surveying
constituents in relation to council
functions;
(c) the conduct of a poll of voters;
(d) subject to the approval of the Privacy
25 Commissioner, any other public interest
purpose.
(6) A permitted purpose under paragraph (a), (b)
or (c) of sub-section (5) is restricted to use
by the Council or on behalf of the Council or
30 on behalf of a candidate.
(7) If a request is for a permitted purpose to
which sub-section (5)(d) applies, the Chief
Executive Officer must forward the request
to the Privacy Commissioner.
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(8) The Privacy Commissioner may approve a
proposed use as a public interest purpose if
the Privacy Commissioner is satisfied that
the public interest involved in the proposed
5 use outweighs the public interest in
protecting the privacy of personal
information in the particular circumstances.
(9) In considering the request, the Privacy
Commissioner may have regard to--
10 (a) the public interest involved in the
proposed use of the voters' roll; and
(b) the public interest in protecting the
privacy of personal information; and
(c) any alternative sources of information
15 that would be available.
(10) If the Privacy Commissioner does not
approve a proposed use as a public interest
purpose, the Chief Executive Officer must
reject the request for a copy of the voters'
20 roll to be used for that purpose.
(11) A person or organisation that is provided
with a copy of the voters' roll under sub-
section (4) must--
(a) only use the copy of the voters' roll for
25 the permitted purpose for which the
voters' roll was provided; and
(b) within the period specified in the
conditions subject to which the voters'
roll was provided, either destroy the
30 copy of the voters' roll and any copies
made from it or return the copy of the
voters' roll and any copies made from it
to the Chief Executive Officer.
Penalty: 20 penalty units.
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(12) The Chief Executive Officer must not
provide particulars of any person whose
request that their address not be shown has
been accepted.".
5 45. Amendments consequential on changes in section 44
(1) In section 3(1) of the Local Government Act
1989--
(a) for the definition of "entitlement date"
substitute--
10 ' "Electoral Commission" means any
person or body that is authorised under
the law of the State of Victoria or of the
Commonwealth or of any other State or
of a Territory of the Commonwealth to
15 conduct parliamentary or local
government elections in Victoria or the
Commonwealth or the other State or the
Territory of the Commonwealth;
"election day" means--
20 (a) in the case of an election, the day
of an election determined under
section 36;
(b) in the case of a poll of voters', the
relevant date specified in the
25 public notice under clause 16 of
Schedule 3;
"entitlement date" means--
(a) the day that is 50 days before the
election day; or
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(b) if the date determined under
paragraph (a) is a public holiday,
means the day which is the last
working day before that day;
5 "exhibition roll" means the roll prepared
under section 23;
"exhibition roll date" means the day that is
100 days before election day;';
(b) in the definition of "person" before "Part 3"
10 insert "Divisions 1 to 7 of";
(c) after the definition of "printed electoral
material" insert--
' "Privacy Commissioner" means the
Privacy Commissioner appointed under
15 the Information Privacy Act 2000;';
(d) after the definition of "rateable land"
insert--
' "Registrar" means--
(a) the Chief Executive Officer; or
20 (b) if the Council has engaged an
Electoral Commission to prepare
the exhibition roll and the voters'
roll, the relevant officer appointed
in writing by the Electoral
25 Commission to be the Registrar;'.
(2) In the Local Government Act 1989--
(a) in section 25(2) for "altered as directed under
section 43" substitute "amended under
section 24A";
30 (b) in section 43(1), paragraphs (b) and (c) are
repealed;
(c) in section 222(1), omit "the voters' roll and".
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(3) For section 41A(3) of the Local Government Act
1989 substitute--
'(3) If an election or a poll of voters is conducted
under this section, voting closes at 6 p.m. on
5 the last working day before election day in
the election or poll of voters.
(3A) For the purposes of this section, clause 3(2)
of Schedule 2 applies as if for "31st day"
there were substituted "32nd day".'.
10 (4) In Schedule 2 of the Local Government Act
1989, for clause 1(2)(c) substitute--
"(c) if the Council has appointed an Electoral Commission
or another Council to conduct the election, a person
appointed in writing by the Electoral Commission or
15 Council to be the returning officer.".
(5) In Schedule 2 of the Local Government Act
1989, for clause 15(3)(d) substitute--
"(d) a person appointed by an Electoral Commission or
another Council to be involved in the conduct of the
20 election if that Electoral Commission or Council has
been appointed to conduct the election.".
46. Qualification to be a Councillor
For section 28(1) of the Local Government Act
1989 substitute--
25 "(1) A person is qualified to be a candidate for
the office of Councillor if he or she has an
entitlement referred to in section 10A.
(1A) A person is qualified to become and continue
to be a Councillor at a particular time if,
30 were that particular time the entitlement date
and a voters' roll prepared, sub-section (1)
would apply to that person.".
47. Amendment of City of Melbourne Act 2001
For sections 10 and 11 of the City of Melbourne
35 Act 2001 substitute--
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'10. Procedure in relation to representatives of
corporations
(1) This section applies if a corporation is the
sole owner or occupier of any rateable land
5 in the City of Melbourne and the Chief
Executive Officer has not received by 4 p.m.
on the entitlement date notice under section
13(1) of the Local Government Act 1989
that the corporation has appointed
10 2 representatives who are eligible to be
enrolled.
(2) If the corporation has validly appointed one
representative, the Chief Executive Officer
must enrol as a representative of the
15 corporation, the company secretary of the
corporation whose name appears first if an
alphabetical list of the company secretaries
of the corporation is prepared.
(3) If the corporation has not validly appointed
20 any representatives, the Chief Executive
Officer must enrol as representatives of the
corporation, the first 2 of the following--
(a) the company secretaries of the
corporation (to be taken in alphabetical
25 order);
(b) the directors of the corporation (to be
taken in alphabetical order).
(4) Despite sub-sections (2) and (3), if a person
required to be enrolled as a representative of
30 the corporation by applying those sub-
sections is otherwise entitled to be enrolled,
the Chief Executive Officer must not enrol
that person as a representative of that
corporation under this section.
35 (5) For the purposes of sub-sections (2) and (3),
the Chief Executive Officer may use the
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most recent information that is available
after the exhibition roll date from the
Australian Securities and Investments
Commission concerning the name, address
5 and age of the persons specified in those sub-
sections.
(6) The Chief Executive Officer must advise the
corporation in writing of any person who has
been enrolled as a representative of the
10 corporation under this section.
11. Application of voters' rolls provisions
Division 2 of Part 3 of the Local
Government Act 1989 applies with the
following modifications--
15 (a) as if in section 22(2) for "section 11(2)"
there were substituted "sections 11(2),
11(4) and 13(1)";
(b) as if in section 23A(1) "or 13" where
three times occurring were omitted;
20 (c) as if in sections 24(5)(a) and 24(5)(b)
for "section 11(2)" there were
substituted "sections 11(2) and 11(4)";
(d) as if in section 24(5) after paragraph (c)
there were inserted--
25 "; or
(d) who the Chief Executive Officer
has enrolled under section 10 of
the City of Melbourne Act
2001--".'.
30 48. Divisions 4 and 5 of Part 3 substituted
For Divisions 4 and 5 of Part 3 of the Local
Government Act 1989 substitute--
"Division 4--Holding of General Elections
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31. General elections
(1) Subject to this section, a general election of
Councillors must be held on the third
Saturday in March in the third year after the
5 last general election was held.
(2) If the third Saturday in March is Easter
Saturday, the general election must be held
on the second Saturday in March.
(3) If a general election is held on a day that is
10 not the third Saturday in March, the next
general election must be held on the third
Saturday in March that is the closest to
3 years after the general election.".
49. Consequential amendments
15 (1) In the Local Government Act 1989--
(a) in section 38(2B) for "triennial election"
substitute "general election";
(b) section 68(1) is repealed;
(c) in section 68(2), for "If a Council is holding
20 triennial elections" substitute "At a general
election,".
(2) In section 219 of the Local Government Act
1989--
(a) for sub-section (9)(a) substitute--
25 "(a) the Governor in Council must reinstate
the Councillors and the administrator
then goes out of office; or";
(b) in sub-section (9)(b), after "Council" insert
"and publish notice of the date in the
30 Government Gazette";
(c) in sub-section (10), for "by-election"
substitute "general election".
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50. Consequential amendment of City of Melbourne Act
2001
Section 12 of the City of Melbourne Act 2001 is
repealed.
5 51. Section 37 substituted
For section 37 of the Local Government Act
1989 substitute--
"37. Extraordinary vacancy within 6 months
before a general election
10 If an extraordinary vacancy occurs within
6 months before a general election, the
extraordinary vacancy is not to be filled
unless the Council decides to fill the
vacancy.".
15 52. Extraordinary vacancies
(1) In sections 37A(1)(b)(i) and 37A(1)(b)(ii) of the
Local Government Act 1989, for "3 months"
substitute "6 months".
(2) For section 38(1) of the Local Government Act
20 1989 substitute--
"(1) An election to fill an extraordinary vacancy
must be held on a Saturday which is not later
than the 100th day after the extraordinary
vacancy.
25 (1A) The date of an election under sub-section (1)
must be--
(a) fixed by the Minister; and
(b) published in the Government Gazette.
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(1B) The Chief Executive Officer must notify the
Minister that an extraordinary vacancy has
occurred within 3 working days of becoming
aware of the extraordinary vacancy.".
5 (3) In section 38(3) of the Local Government Act
1989, for "a separate election must be held in
respect of each vacancy" substitute "one election
must be held to fill all the extraordinary vacancies
at the same time".
10 53. Consequential amendment to Docklands Authority
Act 1991
For section 35O(2) of the Docklands Authority
Act 1991 substitute--
"(2) Divisions 1 and 2 of Part 3 of the Local
15 Government Act 1989 apply (with any
alterations and adaptations that the Authority
considers necessary) in relation to eligibility
for enrolment and the preparation of the
voters' roll for the docklands area for the
20 purposes of this Division.".
54. Amendment to section 24(1) of the City of Melbourne
Act 2001
In section 24(1) of the City of Melbourne Act
2001, for "90th day" substitute "100th day".
25 55. Voting is compulsory
(1) In section 40(4) of the Local Government Act
1989--
(a) for paragraph (a) substitute--
"(a) the details of the election, including--
30 (i) the name of the Council;
(ii) the date of the election;
(iii) the name of the ward--
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in respect of which the alleged
infringement relates;";
(b) after paragraph (d) insert--
"(da) the methods by which the prescribed
5 penalty may be paid;".
(2) Section 40(11) of the Local Government Act
1989 is repealed.
56. Proportional representation
(1) At the end of section 42 of the Local
10 Government Act 1989 insert--
"(2) Unless an Order in Council is in force under
sub-section (5), Part 4A of Schedule 3
applies to determine the result--
(a) where 2 or more Councillors are to be
15 elected; or
(b) in an election of Councillors to
represent the municipal district of the
Council as a whole.
(3) Subject to sub-section (4), a Council may
20 apply to the Minister for an Order in Council
to be made that Part 4 of Schedule 3 applies
to determine the result--
(a) where 2 or more Councillors are to be
elected; or
25 (b) in an election of Councillors to
represent the municipal district of the
Council as a whole.
(4) A person has a right to make a submission
under section 223 on an application under
30 sub-section (3).
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(5) If the Minister approves an application under
sub-section (3), the Governor in Council
may, on the recommendation of the Minister,
make an Order in Council directing that the
5 result for a ward or municipal district of a
Council specified in the Order in Council is
to be determined in accordance with sub-
section (3).
(6) Subject to sub-section (7), a Council may
10 apply to the Minister for an Order in Council
under sub-section (5) to be revoked.
(7) A person has a right to make a submission
under section 223 on an application under
sub-section (6).
15 (8) If the Minister approves an application under
sub-section (6), the Governor in Council
may, on the recommendation of the Minister,
make an Order in Council revoking an Order
in Council made under sub-section (5).".
20 (2) In Schedule 3 of the Local Government Act
1989--
(a) for the heading to Part 4 substitute--
"PART 4--RESULT WHERE SECTION
42(3) APPLIES";
25 (b) clause 11(1) is repealed;
(c) for the heading to Part 4A substitute--
"PART 4A--RESULT WHERE SECTION
42(2) APPLIES";
(d) clause 11A is repealed.
30 57. Municipal electoral tribunals
(1) For section 45(1) of the Local Government Act
1989 substitute--
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"(1) Within 14 days of the declaration of the
result of an election--
(a) a candidate who disputes the validity of
the election; or
5 (b) 10 voters who dispute the validity of
the election--
may apply for an inquiry into the election by
a municipal electoral tribunal.".
(2) In Schedule 4 of the Local Government Act
10 1989, in clauses 2(2) and 2(3), for "Minister"
substitute "Attorney-General".
58. Notice of candidature changed to nomination form
In the Local Government Act 1989, in section 52
and in clauses 3(2), 5, 6, 7, 8 and 9 of Schedule 2,
15 for "notice of candidature" (wherever occurring)
substitute "nomination form".
59. Sections 55 and 56 substituted
For sections 55 and 56 of the Local Government
Act 1989 substitute--
20 '55. Printing and publication of electoral
advertisements, handbills, pamphlets or
notices
(1) A person must not print, publish or distribute
or cause, permit or authorise to be printed,
25 published or distributed, an electoral
advertisement, handbill, pamphlet or notice
unless the name and address of the person
who authorised the electoral advertisement,
handbill, pamphlet or notice appears at its
30 end.
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
20 penalty units.
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(2) Sub-section (1) does not apply in relation
to--
(a) a car sticker, an item of clothing, lapel
button, lapel badge, fridge magnet, pen,
5 pencil or balloon; or
(b) an article included in a prescribed class
of articles.
(3) Nothing in sub-section (2)(a) is to be taken,
by implication, to limit the generality of
10 regulations that may be made by virtue of
sub-section (2)(b).
55A. Misleading or deceptive matter
(1) A person must not during the election
period--
15 (a) print, publish or distribute; or
(b) cause, permit or authorise to be printed,
published or distributed--
any matter or thing that is likely to mislead
or deceive an elector in relation to the
20 casting of the vote of the voter.
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
20 penalty units.
25 (2) A person must not during the election
period--
(a) print, publish or distribute; or
(b) cause, permit or authorise to be printed,
published or distributed--
30 an electoral advertisement, handbill,
pamphlet or notice that contains a
representation or purported representation of
a ballot-paper for use in that election that is
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likely to induce a voter to mark the voter's
vote otherwise than in accordance with the
directions on the ballot-paper.
Penalty: In the case of a natural person,
5 10 penalty units;
In the case of a body corporate,
20 penalty units.
(3) In a prosecution of a person for an alleged
offence against sub-section (1) or (2), it is a
10 defence if the person proves that the
person--
(a) did not know; and
(b) could not reasonably be expected to
have known--
15 that the matter or thing was likely to mislead
a voter when casting the voter's vote.
55B. Heading to electoral advertisements
The proprietor of a newspaper must cause
the word "advertisement" to be printed as a
20 headline in letters not smaller than 10 point
to each article or paragraph in the
proprietor's newspaper containing electoral
matter, the insertion--
(a) of which is, or is to be, paid for; or
25 (b) for which any reward or compensation
or promise of reward or compensation
is, or is to be, made.
Penalty: In the case of a natural person,
10 penalty units;
30 In the case of a body corporate,
20 penalty units.
55C. Authors to be identified
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(1) A person must not during the election
period--
(a) print, publish or distribute; or
(b) cause, permit or authorise to be printed,
5 published or distributed--
a newspaper, circular or pamphlet containing
an article, report, letter or other matter
containing electoral matter unless the
author's name and address are set out at the
10 end of the article, report, letter or other
matter, or if only part of the article, report,
letter or matter appears in any issue of a
newspaper, circular or pamphlet at the end of
that part.
15 Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
20 penalty units.
(2) This section does not apply to the publication
20 in a newspaper of--
(a) a leading article; or
(b) an article that consists solely of a report
of a meeting and does not contain
electoral matter, other than comment
25 made by a speaker at the meeting.
(3) It is sufficient compliance with sub-section
(1) if a newspaper containing a letter
containing electoral matter sets out the
author's name and the suburb or locality in
30 which the author's address is located.
55D. Prohibition on Council
A Council must not print, publish or
distribute or cause, permit or authorise to be
printed, published or distributed, an electoral
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advertisement, handbill, pamphlet or notice
during the election period unless it only
contains information about the election
process.
5 56. Distribution of printed electoral material
(1) A person must not during the hours of voting
within 400 metres of the entrance of, or
within the building used as, a voting
centre--
10 (a) hand out, distribute or otherwise make
available; or
(b) authorise the handing out, distribution
or otherwise making available--
to any person of any printed electoral
15 material other than a registered how-to-vote
card.
Penalty: 10 penalty units.
(2) A person must not--
(a) print, publish or distribute; or
20 (b) cause, permit or authorise to be printed,
published or distributed--
a how-to-vote card which is not a registered
how-to-vote card and which contains a
representation or purported representation of
25 an endorsement in the prescribed manner.
Penalty: 10 penalty units.
(3) In a prosecution of a person for an alleged
offence against sub-section (1) or (2), it is a
defence if the person proves that the person
30 did not know, and could not reasonably be
expected to have known, that the card was
not a registered how-to-vote card.
(4) Sub-section (1) does not apply to--
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(a) the handing out, distribution, sale or
otherwise making available of a
newspaper by or on behalf of a
newsagent, newspaper seller or
5 distributor if the handing out,
distribution, sale or making available is
in the course of the newsagent's,
newspaper seller's or distributor's
employment or business; or
10 (b) the handing out, distribution or
otherwise making available of any
printed electoral material in any room
or building used as a campaign room or
an office by a candidate in the election
15 to which the material relates; or
(c) printed electoral material in the form of
any poster or notice which is affixed or
attached to any vehicle, building,
hoarding or structure (whether
20 moveable or fixed).
56A. Power to request handing over of how-to-
vote cards
(1) The person in charge of a voting centre or a
person authorised by the person in charge to
25 act on that person's behalf under this section
may on election day request a person
reasonably suspected by the person in charge
of contravening section 56--
(a) to produce for inspection any how-to-
30 vote cards in the person's possession;
and
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(b) to hand over all how-to-vote cards other
than registered how-to-vote cards.
(2) A person who fails to comply with a request
under sub-section (1) is guilty of an offence.
5 Penalty: 10 penalty units.
(3) If a person refuses to comply with a request,
a member of the police force or a returning
officer may seize any card in the person's
possession which is not endorsed in the
10 prescribed manner.'.
60. Amendments consequential on changes in section 59
(1) In section 3(1) the Local Government Act
1989--
(a) insert the following definitions--
15 ' "election period", in relation to an
election, means the period that--
(a) starts on the entitlement date; and
(b) ends at 6 p.m. on election day;
"electoral advertisement, handbill,
20 pamphlet or notice" means an
advertisement, handbill, pamphlet or
notice that contains electoral matter, but
does not include an advertisement in a
newspaper announcing the holding of a
25 meeting;
"publish" means publish by any means
including by publication on the
Internet;';
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(b) for the definition of "printed electoral
material" substitute--
' "printed electoral material" means an
advertisement, handbill, pamphlet or
5 notice that contains electoral matter;'.
(2) After section 3(1) the Local Government Act
1989 insert--
'(1A) In this Act, "electoral matter" means
matter which is intended or likely to affect
10 voting in an election.
(1B) Without limiting the generality of the
definition of "electoral matter", matter is to
be taken to be intended or likely to affect
voting in an election if it contains an express
15 or implicit reference to, or comment on--
(a) the election; or
(b) a candidate in the election; or
(c) an issue submitted to, or otherwise
before, the voters in connection with
20 the election.'.
(3) For section 29(2)(ab) of Local Government Act
1989 substitute--
"(ab) is convicted of an offence against section
55A(1), 56, 56A, 57, 58(1), 58(2), 58(3),
25 58A, 59 or 60; or".
(4) In section 57A(1) of the Local Government Act
1989, after "section 55" insert ", 55A".
(5) Schedule 5 of the Local Government Act 1989 is
repealed.
30 (6) In the Local Government Act 1989, for clause 8
of Schedule 12 substitute--
"8. Providing for any matter relating to the approval and
registration of how-to-vote cards, including
prescribing a right to apply to the Victorian Civil and
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62
Administrative Tribunal for a review of specified
decisions.".
61. Consequential amendment to Docklands Authority
Act 1991
5 In section 35Y of the Docklands Authority Act
1991, after "55," insert "55A, 55B, 55C, 55D,".
62. Voting centres and early voting
In the Local Government Act 1989--
(a) in section 3(1) insert the following
10 definition--
' "voting centre" means a place appointed
by the returning officer for voting at an
election as--
(a) an early voting centre;
15 (b) a mobile voting centre;
(c) an election day voting centre;';
(b) in sections 53(1) and 53(2) for "a polling
place" (wherever occurring) substitute
"a voting centre";
20 (c) in section 53(2) for "the polling place"
substitute "the voting centre";
(d) in sections 54(5)(a) and 54(5)(b) for "the
polling booth" substitute "the voting
centre";
25 (e) in sections 58(4), 60(1) and 60(3)(c) for
"a polling place" substitute "a voting
centre";
(f) in section 60(3)(b) for "the polling place"
substitute "the voting centre";
30 (g) in Schedule 2, in clause 17(1)(a) for "polling
place" substitute "voting centre";
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(h) in Schedule 2, in clause 17(1)(b)(i) for
"polling place or polling booth" substitute
"voting centre";
(i) in Schedule 3, in clause 2(3) for "a polling
5 booth" substitute "a voting centre";
(j) in Schedule 12, in clause 3, for "pre-poll
voting" substitute "early voting";
(k) in Schedule 12, in clause 7, for "mobile
polling booths" substitute "mobile voting
10 centres".
63. New Division 9 inserted
After section 61 of the Local Government Act
1989 insert--
'Division 9--Election Campaign Donations
15 62. Return by candidate
(1) Within 60 days after election day, a person
who was a candidate in the election must
give an election campaign donation return to
the Chief Executive Officer.
20 (2) An election campaign donation return
must--
(a) be in the prescribed form; and
(b) contain the prescribed details in respect
of any donation received during the
25 donation period, by the candidate or on
behalf of the candidate, to be used for
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or in connection with the election
campaign--
(i) the amount or value of which is
equal to or exceeds $200; or
5 (ii) being goods or services the
amount or value of which is equal
to or exceeds $200.
(3) Despite sub-section (2), a candidate is not
required to specify the relevant details of an
10 amount in a return if the amount was a gift
made in a private capacity to the candidate
for the candidate's personal use and the
candidate has not used, and will not use, the
gift solely or substantially for a purpose
15 related to the election.
(4) The reference in sub-section (2) to a
donation made by a person includes a
reference to a donation made on behalf of the
members of an unincorporated association.
20 (5) For the purposes of this section, 2 or more
donations made by the same person to or for
the benefit of a candidate are to be taken to
be one donation.
(6) In this section, "donation period" means
25 the period beginning 30 days after election
day in the last election for the ward and
ending 30 days after election day in the
current election for that ward.
(7) A person who--
30 (a) fails to give a return that the person is
required to give under this section; or
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(b) gives a return that contains particulars
that to the knowledge of the person are
false or misleading in a material
particular; or
5 (c) provides information that to the
knowledge of the person are false or
misleading in a material particular to a
person required to give a return under
this section--
10 is guilty of an offence.
Penalty: 50 penalty units.
(8) If no details are required to be included in a
return under this section in respect of a
candidate, the return--
15 (a) must be given; and
(b) must include a statement to the effect
that no donations of a kind required to
be disclosed were received.
62A. Responsibilities of Chief Executive Officer
20 (1) The Chief Executive Officer must within
28 days after the period specified in section
62(1) submit a written report to the Minister
specifying--
(a) the names of the persons who were
25 candidates in the election; and
(b) the names of the persons who submitted
a return under section 62.
(2) The Chief Executive Officer must retain an
election campaign donation return for a
30 period of 3 years from the date that it is
given under section 62.
(3) The Chief Executive Officer must ensure
that a copy of an election campaign donation
return retained under sub-section (2) is
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available for inspection at the office of the
Council during normal office hours.
62B. Certain gifts not to be accepted
(1) It is unlawful for a Councillor or a person
5 acting on behalf of a Councillor to receive
during the donation period a gift made to or
for the benefit of the Councillor, being a gift
the amount or value of which is equal to or
exceeds $200 unless--
10 (a) the name and address of the person
making the gift are known to the person
receiving the gift; or
(b) at the time when the gift is made--
(i) the person making the gift gives to
15 the person receiving the gift the
person's name and address; and
(ii) the person receiving the gift has
no grounds to believe that the
name and address so given are not
20 the true name and address of the
person making the gift.
(2) It is unlawful for a candidate or a person
acting on behalf of a candidate to receive
during the donation period a gift made to or
25 for the benefit of the candidate, being a gift
the amount or value of which is equal to or
exceeds $200 unless--
(a) the name and address of the person
making the gift are known to the person
30 receiving the gift; or
(b) at the time when the gift is made--
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(i) the person making the gift gives to
the person receiving the gift the
person's name and address; and
(ii) the person receiving the gift has
5 no grounds to believe that the
name and address so given are not
the true name and address of the
person making the gift.
(3) The references in sub-sections (1) and (2) to
10 a gift made by a person includes a reference
to a gift made on behalf of the members of
an unincorporated association.
(4) A reference in sub-section (1) or (2) to the
name and address of a person making a gift
15 is--
(a) in the case of a gift made on behalf of
the members of an unincorporated
association, a reference to--
(i) the name of the association; and
20 (ii) the names and addresses of the
members of the executive
committee (however described) of
the association; and
(b) in the case of a gift purportedly made
25 out of a trust fund or out of the funds of
a foundation, a reference to--
(i) the names and addresses of the
trustees of the fund or of the funds
of the foundation; and
30 (ii) the title or other description of the
trust fund or the name of the
foundation.
(5) For the purposes of sub-section (2), a person
who is a candidate in an election is to be
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taken to remain a candidate for 30 days after
the election day in the election.
(6) For the purposes of this section, 2 or more
gifts made by the same person to or for the
5 benefit of a Councillor or a candidate are to
be taken to be one gift.
(7) In this section, "donation period" means
the period beginning 30 days after election
day in the last election for the ward and
10 ending 30 days after election day in the
current election for that ward.
(8) If a person receives a gift that, by virtue of
this section, it is unlawful for the person to
receive, an amount equal to twice the amount
15 or value of the gift is forfeited to the State.
(9) An amount forfeited under sub-section (8)
may be recovered against the Councillor or
candidate.'.
64. Division 2 of Part 10 substituted
20 For Division 2 of Part 10 of the Local
Government Act 1989 substitute--
'Division 2--Electoral Representation Reviews
219A. Purpose of this Division
The purpose of this Division is to provide for
25 independent reviews of electoral
representation by all Councils on a regular
basis to provide for fair and equitable
representation.
219B. Definitions
30 In this Division--
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"review" means an electoral representation
review;
"reviewer" means the person appointed
under section 219E to conduct the
5 review.
219C. When is a review required?
(1) A review must be conducted--
(a) in the case of the first review to be
conducted under this Division, before a
10 general election to be specified by the
Minister by a notice published in the
Government Gazette; and
(b) before every second general election;
and
15 (c) in respect of a particular Council, at any
time specified by the Minister by a
notice published in the Government
Gazette.
(2) A notice published under sub-section (1)(a)
20 may specify different dates for different
Councils.
(3) A notice published under sub-section (1)(a)
or (1)(c) may specify--
(a) the date by which the Council must
25 appoint the reviewer; and
(b) the date by which the final report must
be submitted to the Minister.
219D. Purpose of review
(1) The purpose of a review is to recommend--
30 (a) the number of Councillors and the
electoral structure that provides fair and
equitable representation for the persons
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who are entitled to vote at a general
election of the Council;
(b) if the municipal district is to be divided
into wards, boundaries for the wards
5 which--
(i) provide a fair and equitable
division of the municipal district;
and
(ii) satisfy paragraph (c);
10 (c) if paragraph (b) applies, whether the
number of voters represented by each
Councillor is within 10% of the number
derived from the following
calculation--
V
C
15 where--
V is the number of persons who are
entitled to vote at a general election of
the Council;
C is the number of Councillors elected to
20 represent individual wards.
(2) For the purposes of sub-section (1)(c),
compliance may be determined by reference
to the number of voters at the time of the
review or by reference to the number of
25 voters projected to be voters on the
entitlement date for the next general election.
219E. Appointment of reviewer
(1) A Council must--
(a) in the case of a review to which section
30 219C(1)(a) or 219C(1)(c) applies, by
the date specified in the relevant notice;
or
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(b) in the case of a review to which section
219C(1)(b) applies, at least 18 months
before the next general election--
appoint an Electoral Commission as the
5 reviewer.
(2) An appointment under sub-section (1)--
(a) cannot specify how the review is to be
conducted; and
(b) is subject to acceptance by the Electoral
10 Commission; and
(c) can not be made unless the Council and
the reviewer have entered into a
contract which specifies the terms of
the engagement and provides for the
15 Council to pay the costs of conducting
the review on the terms and conditions
specified.
(3) The Council must notify the Minister that it
has appointed a reviewer under sub-section
20 (1).
(4) If a Council fails to notify the Minister under
sub-section (3) that the Council has
appointed a reviewer, the Minister may
appoint the Victorian Electoral Commission
25 as the reviewer on behalf of the Council.
(5) If the Minister appoints the Victorian
Electoral Commission--
(a) the Victorian Electoral Commission
must conduct the review; and
30 (b) the Council is deemed to have entered
into a contract with the Victorian
Electoral Commission to pay the costs
of conducting the review reasonably
incurred by the Victorian Electoral
35 Commission.
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219F. Conduct of review
(1) Subject to this section, the reviewer may
conduct the review in any manner that the
reviewer considers appropriate.
5 (2) The matters specified in regulations for the
purposes of this Division must be considered
in the conduct of the review and the making
of recommendations.
(3) The reviewer may appoint any person the
10 reviewer considers necessary to assist in the
conduct of the review.
(4) The reviewer must publish a notice in a
newspaper generally circulating in the
municipal district of the relevant Council
15 specifying that--
(a) a review is to be conducted and what
the purpose of the review is;
(b) any person may make a preliminary
written submission by the date
20 specified in the notice, being a date not
less than 14 days after the notice is
published.
(5) The Council is entitled to make a preliminary
written submission.
25 (6) After considering any preliminary
submissions, the reviewer must prepare a
preliminary report containing--
(a) a preferred option (including a map) as
to the number of Councillors and the
30 electoral structure, and if it is proposed
that the municipal district be divided
into wards, the boundaries of those
wards; and
(b) if the reviewer considers it to be
35 appropriate, alternative options
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(including maps) to the preferred
option.
(7) The reviewer must publish a notice in a
newspaper generally circulating in the
5 municipal district of the relevant Council
specifying that--
(a) a preliminary report has been prepared
in the review;
(b) the preliminary report is available for
10 inspection at the Council office and at
the office of the reviewer specified in
the notice;
(c) a copy of the preliminary report can be
obtained upon payment of the
15 prescribed fee from the place specified
in the notice;
(d) any person may make a written
submission by the date specified in the
notice, being a date not less than
20 21 days after the notice is published,
and may request in the submission that
the person meet with the reviewer to
discuss their submission.
(8) The Council must ensure that a copy of the
25 preliminary report is available for inspection
at the office of the Council during normal
office hours.
(9) The reviewer must--
(a) consider any written submissions
30 received under sub-section (7); and
(b) arrange for any person who has so
requested, to be heard in person; and
(c) after complying with paragraphs (a)
and (b), prepare a final report.
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(10) The reviewer must, not later than 6 months
before the general election in respect of
which the review is to be implemented,
submit a copy of the final report to the
5 Council and the Minister.
(11) The Council must ensure that--
(a) the final report is available for
inspection at the office of the Council
during normal office hours for the
10 period of at least 3 months after the
report is received;
(b) a copy of the final report can be
obtained upon payment of the
prescribed fee from the office of the
15 Council during normal office hours.
219G. Implementation of review
(1) The Minister may recommend to the
Governor in Council the making of such
orders under section 220Q as are necessary
20 to implement the final report.
(2) An order referred to in sub-section (1) may
provide that the changes are to have effect
for the purposes of the next general election.
(3) A Council must provide any information or
25 assistance to the Minister that the Minister
may request for the purposes of this section.'.
65. Consequential--power to make regulations
In Schedule 12 of the Local Government Act
1989, after clause 21 insert--
30 "22. Any matters to be considered under section 219F in
the conduct of a review and the making of
recommendations relating to the number of
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Councillors, electoral structures and ward
boundaries.".
66. Consequential amendment to City of Melbourne
Act 2001
5 After section 5(2) of the City of Melbourne Act
2001 insert--
"(3) Division 2 of Part 10 of the Local
Government Act 1989 does not apply to the
Council and the City of Melbourne.".
10 67. Use of electronic counting equipment and systems
In the Local Government Act 1989, after
clause 5 of Schedule 3 insert--
"5A. Use of electronic counting equipment and systems
(1) The returning officer may use electronic counting
15 equipment and systems to assist in the counting of
votes at an election.
(2) The regulations may--
(a) modify the procedure specified in this Schedule
to facilitate the use of electronic counting
20 equipment and systems;
(b) prescribe types of electronic counting
equipment and systems.".
68. Prescribed fee paid by retired candidate
In the Local Government Act 1989, after clause
25 8(6) of Schedule 2 insert--
"(7) The returning officer must retain the prescribed fee
paid by a candidate who retires under this clause.".
69. Death of a candidate
(1) In the Local Government Act 1989, for clause
30 9(2) of Schedule 2 substitute--
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"(2) If a candidate dies after 4 p.m. on the 31st day before
election day but before the close of voting. in the
election, the following provisions apply--
(a) if the candidate dies after the ballot-papers have
5 been printed, the returning officer must take all
practicable steps to remove the name of the
dead candidate from the ballot-papers;
(b) if the returning officer receives a completed
ballot-paper on which the name of the dead
10 candidate has not been removed, the name of
the dead candidate and any figure next to the
name are to be treated as removed and the
ballot-paper is to be given effect to in the
voter's order of preference in respect of the
15 remaining candidates;
(c) if the candidate dies after 4 p.m. on the Monday
before election day, the returning officer may
permit the remaining candidates to remove the
name of the dead candidate from their how-to-
20 vote cards in a manner approved by the
returning officer.".
(2) In the Local Government Act 1989, for clause
9(4) of Schedule 2 substitute--
"(4) The returning officer must return the prescribed fee to
25 the candidate's personal representative.".
70. Filling of vacancies
(1) In the Local Government Act 1989, in clause
10(1) of Schedule 2, for "or retirement" substitute
", retirement or death".
30 (2) In the Local Government Act 1989, in clause
10(2)(b) of Schedule 2, for "on election day"
substitute "in accordance with clause 23".
(3) In the Local Government Act 1989, after clause
10(2) of Schedule 2 insert--
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"(2A) If a by-election is required following the death or
resignation of a candidate, the vacancy is deemed to
have occurred on election day.".
(4) In the Local Government Act 1989, after clause
5 10(4) of Schedule 2 insert--
"(4A) A vacancy to which sub-clause (4) applies is to be
filled at a by-election held using the voters' roll
certified for the general election in respect of which
the vacancy has arisen.".
10 71. Removal of restriction on attendance at ballot draw
In the Local Government Act 1989, clause 14(3)
of Schedule 2 is repealed.
72. Clause 11 of Schedule 2 substituted--Availability of
nomination information
15 In the Local Government Act 1989, for clause 11
of Schedule 2 substitute--
"11. Availability of nomination information
(1) The returning officer must ensure that nomination
forms are available for inspection during ordinary
20 office hours at the returning officer's office.
(2) The returning officer may provide a list of candidates
for an election which specifies contact details for each
candidate.".
73. Procedure where vote tied
25 (1) In clause 10 of Schedule 3 of the Local
Government Act 1989, for paragraphs (f) and (g)
substitute--
"(f) if on any count 2 or more candidates have an equal
number of votes and 1 of them has to be declared a
30 defeated candidate, the result is to be determined--
(i) by declaring whichever of those candidates had
the fewest votes at the last count at which those
candidates had a different number of votes to be
defeated; or
35 (ii) if a result is still not obtained or there has been
no count, by lot by the returning officer;
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(g) if on the final count 2 candidates have an equal
number of votes, the result is to be determined--
(i) by declaring whichever of those candidates had
the fewest votes at the last count at which those
5 candidates had a different number of votes to be
defeated; or
(ii) if a result is still not obtained or there has been
no count, by lot by the returning officer.".
(2) In clause 11 of Schedule 3 of the Local
10 Government Act 1989, for sub-clauses (7) and
(8) substitute--
"(7) If on any count 2 or more candidates have an equal
number of votes and 1 of them has to be declared an
excluded candidate, the result is to be determined--
15 (a) by declaring whichever of those candidates had
the fewest votes at the last count at which those
candidates had a different number of votes to be
excluded; or
(b) if a result is still not obtained or there has been
20 no count, by lot by the returning officer.
(8) If on the final count 2 candidates have an equal
number of votes, the result is to be determined--
(a) by declaring whichever of those candidates had
the fewest votes at the last count at which those
25 candidates had a different number of votes to be
excluded; or
(b) if a result is still not obtained or there has been
no count, by lot by the returning officer.".
(3) In clause 11B of Schedule 3 of the Local
30 Government Act 1989, for sub-clauses (24) and
(25) substitute--
"(24) If on any count or transfer 2 or more candidates have
the fewest number of votes and the candidate who has
the fewest number of votes is required to be excluded,
35 the result is to be determined--
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(a) by declaring whichever of those candidates had
the fewest votes at the last count at which those
candidates had a different number of votes to be
excluded; or
5 (b) if a result is still not obtained or there has been
no count or transfer, by lot by the returning
officer.
(25) If on the final count or transfer 2 candidates have an
equal number of votes, the result is to be
10 determined--
(a) by declaring whichever of those candidates had
the fewest votes at the last count or transfer at
which those candidates had a different number
of votes to be excluded; or
15 (b) if a result is still not obtained or there has been
no count, by lot by the returning officer.".
74. Recount of votes
(1) In clause 13 of Schedule 3 of the Local
Government Act 1989, for sub-clauses (1), (1A)
20 and (1B) substitute--
"(1) At any time before a candidate has been declared
elected, the returning officer may--
(a) if he of she thinks fit; or
(b) at the written request of the candidate
25 specifying reasons--
open any sealed parcel containing ballot-papers and
recount the ballot-papers.
(1A) The following applies to recounts--
(a) a recount may be conducted at the discretion of
30 the returning officer;
(b) the retuning officer may conduct one or more
recounts;
(c) the returning officer must make reasonable
efforts to notify candidates or their
35 representatives before a recount is conducted.".
(2) In clause 13 of Schedule 3 of the Local
Government Act 1989, for sub-clause (4)
substitute--
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76
"(4) In respect of each candidate only one scrutineer for
each authorised person involved in the recounting of
ballot-papers can be present at any one time.".
75. Report by returning officer
5 For clause 14 of Schedule 3 of the Local
Government Act 1989 substitute--
"14. Report on election by returning officer
(1) The returning officer must, as soon as practicable
after the completion of the election process, prepare a
10 report to the Chief Executive Officer on the conduct
of the election.
(2) The report must include a certified record of the
number of ballot-papers and declarations printed,
issued, used, spoiled and returned.
15 (3) The Chief Executive Officer must ensure that the
report is submitted to the Council within 3 months of
election day.".
76. Ballot material to be secured and stored
For clause 15 of Schedule 3 of the Local
20 Government Act 1989 substitute--
"15. Ballot material and records to be secured and stored
All ballot material and records in respect of an
election must be dealt with, kept and stored in
accordance with the regulations.".
25 77. Consequential
In Schedule 3A of the Local Government Act
1989, clauses 10 and 18 are repealed.
78. Countbacks
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(1) In Schedule 3A of the Local Government Act
1989, in clauses 4(1), 5, 6(1), 7(1) and 7(3) for
"clause 2(3)" substitute "clause 2(2)".
(2) In Schedule 3A of the Local Government Act
5 1989, clause 9 is repealed.
(3) After clause 19 of Schedule 3A of the Local
Government Act 1989 insert--
"PART 3--ALTERNATIVE COUNTBACK
PROCEDURE
10 20. Application of Part
(1) This Part applies to a countback if--
(a) a copy of all valid ballot-papers cast at a
relevant election exists in an electronic form;
(b) the returning officer has certified in writing
15 before public notice is given under clause 21,
that the returning officer is satisfied that--
(i) the electronic record of the ballot-papers
is accurate; and
(ii) the countback could be conducted by
20 electronic means.
(2) If this Part applies--
(a) the countback is to be conducted in accordance
with this Part; and
(b) clauses 2 to 7 do not apply.
25 21. Public notice of intention to conduct countback
Within 14 days of an extraordinary vacancy
occurring, the returning officer must--
(a) publish a public notice--
(i) stating the intention to conduct a
30 countback under this Part; and
(ii) specifying when and where the
countback will be held; and
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(b) write to each eligible candidate--
(i) advising of the details of the countback;
and
(ii) inviting each eligible candidate to
5 appoint scrutineers by the date specified.
22. Conduct of countback
(1) At least 14 days after the returning officer has
complied with clause 21, the returning officer may
conduct the countback in accordance with clauses 11
10 to 16.
(2) The returning officer must make reasonable efforts to
notify the candidate who would be declared elected as
a result of the countback and invite the candidate to
complete a written declaration within 48 hours that
15 the candidate is still eligible to become a Councillor.
(3) If the candidate completes the written declaration
under sub-section (2), clause 17 applies.
(4) If the candidate does not complete the written
declaration under sub-section (2), the process under
20 clause 21 and sub-clauses (1) and (2) is repeated
until--
(a) a candidate who would be declared elected as a
result of the countback and is invited to
complete a written declaration within 48 hours
25 that the candidate is still eligible to become a
Councillor, does so; or
(b) there are no eligible candidates remaining.
(5) For the purposes of the application of sub-clause (4),
each time the process is repeated, the preferences for
30 any candidate who has failed to complete the written
declaration when invited to do so are excluded in the
countback.
(6) If sub-clause (4)(a) applies, clause 17 applies.
(7) If sub-clause (4)(b) applies, the countback has failed
35 and clause 4 applies.".
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PART 6--MISCELLANEOUS AMENDMENTS
79. Rate notices
(1) In section 158(4)(b)(i) of the Local Government
Act 1989, omit "4".
5 (2) In section 158(4A) of the Local Government Act
1989, for "(4)(a), (b) and (c)" substitute "(4)(b)
and (4)(c)".
(3) In section 158(4B) of the Local Government Act
1989, for "the 14th day" substitute "a day
10 specified by the Council in the notice which is not
less than 14 days".
80. Limited differential rates
In section 161A(2) of the Local Government Act
1989, for ", but only if" substitute "across the
15 whole of the municipal district or between
particular wards but in the case of particular wards
only if".
81. Special rate and special charge
After section 163(1B) of the Local Government
20 Act 1989 insert--
"(1C) At the same time that the public notice is
published, a Council must send a copy of the
public notice to each person who will be
liable to pay the special rate or special
25 charge.".
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82. Variation of special rate and special charge
After section 166(2) of the Local Government
Act 1989 insert--
"(3) If a variation of a special rate or special
5 charge will result in--
(a) persons being required to pay a special
rate or special charge who were not
previously required to do so; or
(b) a material variation in the amount of
10 the special rate or special charge
payable by a person--
a Council must comply with sub-sections
(1A), (1B) and (1C) of section 163 as if the
variation were a declaration.
15 (4) If sub-section (3) applies, a person may
make a submission under section 223.".
83. Waiver
In section 171 of the Local Government Act
1989, for sub-sections (1), (2) and (3)
20 substitute--
"(1) The Council may waive the whole or part of
any rate or charge or interest in relation to--
(a) an eligible recipient under sub-section
(4); or
25 (b) any other class of persons determined
by the Council for the purpose of this
section.
(2) A resolution of the Council for the purposes
of sub-section (1)(b) must include the
30 objectives to be achieved by the waiver.".
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84. New section 171A inserted
After section 171 of the Local Government Act
1989 insert--
"171A. Waiver--financial hardship
5 (1) A person who--
(a) is suffering financial hardship; or
(b) would suffer financial hardship if that
person paid the full amount of a rate or
charge for which he or she is liable--
10 may apply to a Council for the waiver of the
whole or part of any rate or charge or of any
interest imposed for late payment.
(2) The Council may require the applicant--
(a) to give further particulars; or
15 (b) to verify particulars--
in relation to the application.
(3) A person who--
(a) gives to a Council any information
which is false or misleading in any
20 material particular in respect of an
application under this section; or
(b) fails to notify a Council of any change
in circumstances which is relevant to an
application or to a waiver granted under
25 this section--
is guilty of an offence.
Penalty: 10 penalty units.".
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85. Outstanding legal costs
After section 175(1) of the Local Government
Act 1989 insert--
"(1AA) If a Council has obtained an award for legal
5 costs in relation to any rate or charge owing
by the previous owner of the rateable land,
sub-section (1) applies to the amount of legal
costs remaining unpaid as if the legal costs
were arrears of rates and charges.".
10 86. New section 201A inserted
After section 201 of the Local Government Act
1989 insert--
"201A. Temporary road schemes
(1) A Council may construct a temporary road
15 under a written agreement under this section
and recover the cost of construction under
section 163 or 221.
(2) A written agreement must be approved in
writing by--
20 (a) a minimum of 75% of the number of
persons who are required to pay the
special rate or special charge; and
(b) the number of persons required to pay
the special rate or special charge which
25 represent at least 75% of the cost of the
temporary road scheme excluding the
amount to be contributed by the
Council.
(3) If the Council proposes a variation of a
30 special rate or special charge required to be
paid for the purpose of a temporary road
scheme which will result in a material
variation in the amount of the special rate or
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special charge required to be paid, the
Council must obtain written agreement in
accordance with sub-section (2) to the
proposed variation.".
5 87. Consequential--Temporary road schemes
(1) After section 163(8) of the Local Government
Act 1989 insert--
"(9) Sub-section (7) does not apply in respect of a
temporary road scheme under section
10 201A.".
(2) After section 221(6) of the Local Government
Act 1989 insert--
"(7) Sub-section (6) does not apply in respect of a
temporary road scheme under section
15 201A.".
88. Minister may give direction concerning rates and
charges
(1) In section 185B(1) of the Local Government Act
1989, for "direct that a" substitute "direct a
20 Council specified in the Order that the".
(2) Section 185B(3) of the Local Government Act
1989 is repealed.
(3) Section 185B(8) of the Local Government Act
1989 is repealed.
25 89. Entrepreneurial powers
(1) In section 193 of the Local Government Act
1989, for sub-sections (5) and (5A) substitute--
"(5) Before a Council does anything under sub-
section (1), the Council must have regard to
30 the risks involved and comply with sub-
sections (5A) and (5C).
(5A) If the Council proposes to exercise any
power under sub-section (1), the Council
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must assess the total investment involved
and the total risk exposure.
(5B) If the proposal involves both an investment
and a risk exposure, the sum for the purposes
5 of the application of sub-section (5C) is the
total of the sum of the total investment
involved and the total risk exposure.
(5C) If the sum assessed under sub-section (5A)--
(a) exceeds whichever is the greater of
10 $100 000 or 1% of the Council's
revenue from rates, the Council must
consider a risk assessment report
(including appropriate reporting
arrangements) from an appropriately
15 qualified person;
(b) exceeds whichever is the greater of
$500 000 or 5% of the Council's
revenue from rates, the Council must--
(i) consider a risk assessment report
20 (including appropriate reporting
arrangements) from an
appropriately qualified person;
and
(ii) obtain the approval of the
25 Minister;
(c) exceeds $5 000 000, the Council
must--
(i) consider a risk assessment report
(including appropriate reporting
30 arrangements) from an
appropriately qualified person;
and
(ii) obtain the approval of the
Minister; and
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(iii) obtain the approval of the
Treasurer.
(5D) The Minister may make guidelines for the
purposes of sub-sections (5A) and (5C).
5 (5E) Guidelines made under sub-section (5D)
must be published in the Government
Gazette.
(5F) Sub-sections (6) to (9) only apply if the
approval of the Minister is required as a
10 result of the application of sub-section
(5C).".
(2) In section 193(9) of the Local Government Act
1989--
(a) after paragraph (c) omit "; or";
15 (b) paragraph (d) is repealed.
(3) In section 193(11) of the Local Government Act
1989, after "sub-section (1)(a)" insert "in which
the Council will have a controlling interest".
(4) After section 193(11) of the Local Government
20 Act 1989 insert--
'(12) In sub-section (11), "controlling interest"
has the same meaning as it has in section
9A(1C) of the Pay-roll Tax Act 1971.
(13) This section as in force immediately before
25 the commencement of section 89 of the
Local Government (Update) Act 2002
continues to apply to and in respect of an
application for approval made under this
section as in force before that
30 commencement.'.
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90. New section 231 inserted
After section 230 of the Local Government Act
1989 insert--
"231. Notice in relation to acquisition of land
5 (1) A prescribed person must, in relation to the
acquisition of any land, give notice--
(a) in a prescribed form containing
prescribed particulars; and
(b) to prescribed persons; and
10 (c) within a prescribed period.
(2) A person is guilty of an offence if he or she
contravenes this section without having a
reasonable excuse.
Penalty: 10 penalty units.".
15 91. Consequential amendment to the Docklands Authority
Act 1991
In section 35I of the Docklands Authority Act
1991 for "and 230" substitute ", 230 and 231".
92. Power to move other obstructions
20 In Schedule 11 of the Local Government Act
1989, in clause 5(a)--
(a) after "encroaches" insert "on";
(b) after "clause" insert "9,".
93. Statute law revision--Local Government Act 1989
25 In the Local Government Act 1989--
(a) section 54(4) is repealed;
(b) in section 58(3)(a), omit "or 40A";
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(c) in section 244, the definition of
"Commissioners" is repealed;
(d) in Schedule 3, in clause 17(1)(e), omit
"40A,".
5 94. Statute law revision--City of Melbourne Act 2001
In the City of Melbourne Act 2001--
(a) in section 18(5) after "37A" insert "of the
Local Government Act 1989";
(b) section 30 is repealed.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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