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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government (Brimbank City Council) Bill
2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Construction of Act 2
4 Definitions 2
5 Dismissal of Brimbank City Council 2
6 Subsequent Order in Council 3
7 Provisions applying in respect of panel of administrators
appointed under section 6 3
8 Effect of Subsequent Order in Council 5
9 Construction of provisions in any Act or document 5
10 General election 6
ENDNOTES 7
561446B.I-12/10/2009 i BILL LA INTRODUCTION 12/10/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Local Government (Brimbank City
Council) Bill 2009
A Bill for an Act to dismiss the Brimbank City Council and provide
for a general election for that Council and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to--
(a) dismiss the Brimbank City Council;
(b) provide for the appointment of a panel of
5 administrators for the Brimbank City
Council;
(c) provide for the revocation of the Original
Order in Council that applies to the
Brimbank City Council;
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Local Government (Brimbank City Council) Bill 2009
s. 2
(d) provide for the expiry of the Subsequent
Order in Council;
(e) provide for a general election for the
Brimbank City Council.
5 2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Construction of Act
This Act must be read and construed as if it was
10 part of the Local Government Act 1989.
4 Definitions
In this Act--
Original Order in Council means the Order in
Council made by the Governor in Council in
15 relation to the Brimbank City Council under
section 219 that was published in the
Government Gazette (No. S 323) on
17 September 2009;
Subsequent Order in Council means the first
20 Order in Council made under section 6 of
this Act and any further Order in Council
made under that section.
5 Dismissal of Brimbank City Council
(1) The Brimbank City Council is dismissed.
25 (2) The persons holding office as Councillors of the
Brimbank City Council cease to hold office.
(3) Nothing in this Act affects the continuity of the
Brimbank City Council as constituted--
(a) under section 219(3) by the administrator
30 appointed under the Original Order in
Council; or
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Local Government (Brimbank City Council) Bill 2009
s. 6
(b) under this Act by the panel of administrators
appointed under the Subsequent Order in
Council.
6 Subsequent Order in Council
5 The Governor in Council may, on the
recommendation of the Minister, by Order in
Council published in the Government Gazette, do
any or all of the following--
(a) appoint a panel of administrators for the
10 Brimbank City Council;
(b) appoint one of the administrators to be the
Chairperson of the panel of administrators;
(c) appoint a person to fill a vacancy in the
office of an administrator;
15 (d) appoint a temporary administrator in the
place of an administrator to act in the
administrator's absence or incapacity to act.
7 Provisions applying in respect of panel of
administrators appointed under section 6
20 The following provisions apply in respect of the
appointment of the panel of administrators of the
Brimbank City Council under section 6 of this
Act--
(a) the panel of administrators constitutes the
25 Brimbank City Council and subject to any
conditions of the administrators'
appointments, must perform all the
functions, powers and duties of the
Brimbank City Council, which must be
30 treated as if they were performed by the
Brimbank City Council;
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Local Government (Brimbank City Council) Bill 2009
s. 7
(b) subject to any conditions of the
administrator's appointment, an administrator
must perform all the functions, powers and
duties of a Councillor of the Brimbank City
5 Council, which must be treated as if they
were performed by a Councillor of the
Brimbank City Council;
(c) subject to any conditions of the
administrator's appointment, the Chairperson
10 of the panel of administrators must perform
all the functions, powers and duties of the
Mayor of the Brimbank City Council, which
must be treated as if they were performed by
the Mayor of the Brimbank City Council;
15 (d) an administrator's appointment and anything
done by an administrator is not invalid only
by reason of a defect in relation to the
appointment;
(e) an administrator is entitled to be paid the
20 remuneration and allowances and is
employed on the conditions which are fixed
by the Minister and the remuneration and
allowances are to be paid by the Brimbank
City Council;
25 (f) an administrator--
(i) must not, without the Minister's
consent, directly or indirectly engage in
any paid employment outside the duties
of the office of administrator; and
30 (ii) may resign by a written notice of
resignation addressed to the Governor
in Council;
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Local Government (Brimbank City Council) Bill 2009
s. 8
(g) the office of an administrator becomes
vacant if the administrator--
(i) becomes bankrupt; or
(ii) dies; or
5 (iii) is removed or resigns from office; or
(iv) is convicted of an indictable offence or
of an offence which, if committed in
Victoria, would be an indictable
offence; or
10 (v) becomes incapable of performing the
duties of the office.
8 Effect of Subsequent Order in Council
(1) The first Order in Council made under section 6 of
this Act takes effect on the date specified in the
15 Order in Council.
(2) The Original Order in Council is revoked
immediately before the first Order in Council
takes effect.
9 Construction of provisions in any Act or document
20 If provision is made in any Act, regulation, rule,
by-law, local law, instrument or document for the
Mayor or a Councillor of the Brimbank City
Council or the Chairperson or a member of a
committee of the Brimbank City Council to be a
25 member of, or to be represented on, a board,
Council, committee, commission or other body, or
to be a trustee, or to be a member or director of a
company, that provision has effect while the
Subsequent Order in Council is in force as if it
30 provided for an administrator, or some other
person appointed by the panel of administrators,
to be that member, representative, trustee or
director.
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Local Government (Brimbank City Council) Bill 2009
s. 10
10 General election
(1) A general election for the Brimbank City Council
is to be held under section 31(1) on the last
Saturday in November 2012.
5 (2) The Chief Executive Officer must summon a
meeting of the Brimbank City Council within
14 days after the day the returning officer for the
general election publicly declares the result of the
general election.
10 (3) The Subsequent Order in Council expires when
that meeting of the Brimbank City Council starts.
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Local Government (Brimbank City Council) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561446B.I-12/10/2009 7 BILL LA INTRODUCTION 12/10/2009
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