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PARLIAMENT OF VICTORIA
Local Government (Democratic Reform) Act 2003
Victorian Legislation and Parliamentary Documents
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. Section 1 substituted--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 Act 1991 9
9. Power to suspend 9
PART 3--ELECTORAL MATTERS 10
10. Division 1 of Part 3 substituted 10
Division 1--Voters 10
11. Entitlements relating to enrolment 10
12. Residents entitled to be enrolled without application 12
13. Owner ratepayers entitled to be enrolled without
application 12
14. Owner ratepayers may apply for enrolment 14
15. Occupier ratepayers may apply to be enrolled 15
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16. Provisions relating to corporations 17
17. Procedure on receipt of notice of appointment under
section 16 20
Victorian Legislation and Parliamentary Documents
18. General powers relating to enrolment 20
19. Notification of change or cessation of entitlement 21
20. Request that address not be shown 21
11. Sections 21 to 24 substituted 22
21. Victorian Electoral Commission to prepare voters' list
of residents 22
22. Chief Executive Officer to prepare voters' list of
ratepayers 23
23. Registrar to prepare exhibition roll 24
23A. Public notification and exhibition 24
24. Preparation of voters' rolls 27
24A. Amendment of voters' roll 28
24B. Inspection of voters' roll 29
24C. Provision of voters' rolls 30
12. Amendments consequential on changes in section 11 32
13. Consequential amendment to Docklands Act 1991 34
14. Qualification to be a Councillor 35
15. Divisions 4 and 5 of Part 3 substituted 35
Division 4--Holding of General Elections 35
31. General elections 35
16. Amendments consequential on changes in section 15 38
17. Section 37 substituted 38
37. Extraordinary vacancy within 6 months before a
general election 38
18. Extraordinary vacancies 39
19. Section 39 substituted 40
39. One vote per person 40
20. Amendment consequential on change in section 19 40
21. Voting is compulsory 41
22. Municipal electoral tribunals 42
23. Change in terminology 43
24. Section 55 substituted 43
55. Printing and publication of electoral advertisements,
handbills, pamphlets or notices 43
55A. Misleading or deceptive matter 44
55B. Heading to electoral advertisements 45
55C. Authors to be identified 46
55D. Prohibition on Council 47
25. Amendments consequential on changes in section 24 47
26. Consequential amendment to Docklands Act 1991 48
27. Section 56 substituted 48
56. Distribution of printed electoral material 48
56A. Power to request handing over of how-to-vote cards 50
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28. Amendments consequential on changes in section 27 51
29. Voting centres and early voting 51
30. New Division 9 inserted 53
Victorian Legislation and Parliamentary Documents
Division 9--Election Campaign Donations 53
62. Return by candidate 53
62A. Responsibilities of Chief Executive Officer 55
62B. Certain gifts not to be accepted 55
31. Amendments consequential on changes in section 30 58
32. Division 2 of Part 10 substituted 59
Division 2--Electoral Representation Reviews 59
219A. Purpose of this Division 59
219B. Definitions 59
219C. When is a review required? 59
219D. Purpose of review 60
219E. Appointment of reviewer 61
219F. Conduct of review 62
219G. Implementation of review 65
Division 3--Subdivision Reviews 65
219H. Application of Division 65
219I. Definitions 66
219J. Duty of Victorian Electoral Commission 66
219K. Power of Minister 66
219L. Purpose of subdivision review 66
219M. Appointment of reviewer 66
219N. Conduct of subdivision review 67
219O. Implementation of subdivision review 67
33. Amendments consequential on changes in section 32 67
34. Nomination fees 68
35. Death of a candidate 69
36. Filling of vacancies 70
37. Removal of restriction on attendance at ballot draw 70
38. Clause 11 of Schedule 2 substituted--Availability of
nomination information 70
39. Use of electronic counting equipment and systems 71
40. Proportional Representation 71
41. Procedure where vote tied 71
42. Recount of votes 73
43. Report by returning officer 73
44. Ballot material to be secured and stored 74
45. Consequential 74
46. Countbacks 74
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PART 4--THE COUNCIL 77
47. Standardised name 77
Victorian Legislation and Parliamentary Documents
48. Sections 63 to 65 substituted 77
63. Oath of office 77
64. Failure to take oath of office 78
49. Amendments consequential to changes in section 48 78
50. New section 69A inserted 78
69A. Multiple extraordinary vacancies 78
51. Section 70 substituted 79
70. Candidate for election 79
52. Amendments relating to nominations 81
53. Election of Mayor 82
54. Term of office 82
55. Sections 74 and 74B substituted 82
74. Councillor and Mayoral Allowances 82
74A. General provisions relating to allowances 83
74B. Allowance Orders 83
74C. Advisory panel 84
56. Amendment consequential on changes in section 55 85
57. New Division 1A inserted--Conduct and Interests 85
Division 1A--Conduct and Interests 85
76B. Rules of conduct 85
76C. Code of Conduct 86
58. Amendment consequential on changes in section 57 87
59. Section 77 substituted 88
77. Confidential information 88
60. New sections 77A and 77B inserted 89
77A. Disclosure of interests 89
77B. Conflict of interest 90
61. Amendment of section 78--pecuniary interests 91
62. Section 79 substituted 92
79. Disclosure of conflict of interest 92
63. Amendment of section 81--Register of interests 94
64. New section 84A inserted--First meeting after a general
election 95
84A. First meeting after a general election 95
65. Conduct of meetings 95
66. New section 93A inserted 96
93A. Conduct of Council during election period 96
67. Section 95 substituted 97
94C. Employment principles 97
94D. Duty of Chief Executive Officer 98
95. Conduct principles 98
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68. Amendments consequential to changes in section 67 99
69. New section 94AB inserted 100
94AB. Transitional provision relating to senior officers 100
Victorian Legislation and Parliamentary Documents
70. Delegations 101
PART 5--RESOURCE ACCOUNTABILITY 102
71. Parts 6 and 7 substituted 102
PART 6--PLANNING AND ACCOUNTABILITY
REPORTS 102
125. Council Plan 102
126. Strategic Resource Plan 103
127. Council must prepare a budget 104
128. Revised budget 105
129. Public notice 106
130. Adoption of budget or revised budget 106
131. Annual report 107
132. Performance statement 110
133. Audit report on the performance statement 112
134. Meeting to consider annual report 112
135. Minister may direct Council to submit financial
statements 113
PART 7--FINANCIAL MANAGEMENT 114
136. Principles of sound financial management 114
137. Budgeting and reporting framework 115
138. Quarterly statements 115
139. Audit committee 115
140. Accounts and records 116
141. Payments 117
142. Power to defer or waive payments 117
143. Investments 118
144. Power to borrow 119
145. Circumstances in which power to borrow may be
exercised 119
146. Budget or revised budget must include proposed
borrowings 120
147. Use of loan for different purpose 120
148. Borrowings to be secured 120
149. Provisions with respect to securities 121
150. Overdrafts 121
72. Amendments consequential on changes in section 71 122
73. Sections 197D and 197E substituted 124
197D. Library Plan 124
197E. Offence to fail to comply with provisions 125
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74. Section 132 relocated 125
223C. Offences relating to investigations 125
75. Sections 133 and 134 relocated 126
Victorian Legislation and Parliamentary Documents
240A. Imposition of a surcharge 126
240B. Payment of the surcharge 128
76. Amendment consequential on changes in section 75 128
77. Consequential amendments to Docklands Act 1991 128
PART 6--MISCELLANEOUS AMENDMENTS 129
78. Rate notices 129
79. Limited differential rates 129
80. Special rate and special charge 129
81. Criteria for special rates and special charges 130
82. New section 163B inserted 131
163B. Objection process relating to certain special rates and
charges 131
83. Variation of special rate and special charge 133
84. Amendment of section 169--rebates and concession 134
85. Waiver 134
86. New section 171A inserted 135
171A. Waiver by application--financial hardship 135
87. Outstanding legal costs 136
88. Minister may give direction concerning rates and charges 136
89. Entrepreneurial powers 136
90. New section 231 inserted 139
231. Notice in relation to acquisition of land 139
91. Consequential amendment to the Docklands Act 1991 139
92. Power to move other obstructions 139
93. Statute law revision--Local Government Act 1989 140
PART 7--AMENDMENT OF CITY OF MELBOURNE ACT 2001 141
94. Definitions 141
95. Amendment of section 5--application of Local Government
142
Act 1989
96. Amendment of section 7 143
97. Sections 9 and 10 substituted 143
9. Entitlements 143
9A. Persons entitled to be enrolled without application 145
9B. Persons entitled to apply to be enrolled 146
9C. Corporations 147
9D. Procedure in relation to representatives of
corporations 148
9E. Limitations on right of entitlement 149
9F. Procedure if there are more than 2 non-resident
owners or occupiers 149
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9G. Provisions relating to appointments for the purposes
of section 9C 150
9H. Procedure on receipt of notice of appointment under
Victorian Legislation and Parliamentary Documents
section 9C 151
9I. General powers relating to enrolment 152
9J. Notification of change or cessation of entitlement 153
10. Request that address not be shown 153
98. Section 11 substituted 154
11. Victorian Electoral Commission to prepare list 154
11A. Chief Executive Officer to prepare voters' list 155
11B. Registrar to prepare exhibition roll 156
11C. Public notification and exhibition 156
11D. Preparation of voters' rolls 158
11E. Amendment of voters' roll 160
11F. Inspection of voters' roll 161
11G. Provision of voters' rolls 161
99. Consequential amendment--general elections 164
12. General election 164
100. New section 14A inserted 164
14A. Qualification to be a Councillor 164
101. Amendment to section 19(5) 165
102. Amendment to section 24(1) 166
103. New section 25A 166
25A. Delegation to Lord Mayor 166
104. Statute law revision 166
ENDNOTES 167
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PARLIAMENT OF VICTORIA
Initiated in Assembly 14 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Local Government Act 1989, the City of Melbourne
Act 2001 and the Docklands Act 1991 and for other purposes.
Local Government (Democratic
Reform) Act 2003
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 further democratic reform of local
government by--
(i) reforming the electoral process;
551099B.I1-16/10/2003 BILL LA CIRCULATION 16/10/2003
1
Local Government (Democratic Reform) Act 2003
Act No.
Part 1--Preliminary
s. 2
(ii) improving the accountability of local
government and the transparency of
decision making;
Victorian Legislation and Parliamentary Documents
(iii) enhancing the operation of the Act;
5 (b) to make related amendments to the City of
Melbourne Act 2001;
(c) to make consequential amendments to the
Docklands Act 1991.
2. Commencement
10 (1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Part 5 comes into operation on 1 February 2004.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
15 day or days to be proclaimed.
(4) If a provision of this Act does not come into
operation before 31 December 2004, it comes into
operation on that day.
__________________
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Local Government (Democratic Reform) Act 2003
Act No.
Part 2--Recognition of Local Government
s. 3
PART 2--RECOGNITION OF LOCAL GOVERNMENT
Victorian Legislation and Parliamentary Documents
3. Section 1 substituted--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) Section 74A(1) of the Constitution Act and
amending
1975 provides that local government is a Act Nos
distinct and essential tier of government 92/1990,
44/2001,
consisting of democratically elected 11/2002,
10 Councils having the functions and powers 23/2002 and
37/2002.
that the Parliament considers are necessary LawToday:
to ensure the peace, order and good www.dms.
dpc.vic.
government of each municipal district. gov.au
(2) It is the role of Councils in exercising those
15 functions and powers to work in partnership
with the Governments of Victoria and
Australia.
(3) It is necessary to ensure that the Councillors
who comprise each Council are
20 democratically elected by persons entitled to
vote at municipal elections and that the
Council is responsible and accountable to the
local community.
(4) It is the role of the Council to provide
25 governance and leadership for the local
community through advocacy, decision
making and action.
(5) It is essential that there is a legislative
framework that provides for Councils to be
30 accountable to their local communities in the
performance of functions and the exercise of
powers and the use of resources.
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s. 4
(6) The purpose of this Act is to establish a
legislative scheme that supports the system
of local government in accordance with
Victorian Legislation and Parliamentary Documents
Part IIA of the Constitution Act 1975.".
5 4. New section 1A inserted--Interpretation of Act
After section 1 of the Local Government Act
1989 insert--
'1A. Interpretation of Act
(1) It is the intention of the Parliament that the
10 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
charter are not to be construed as having the
15 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
promotes consistency between the provisions
20 of this Act and any other Act is to be
adopted.
(4) In this Act--
"local community" includes--
(a) people who live in the municipal
25 district; and
(b) people and bodies who are
ratepayers; and
(c) people and bodies who conduct
activities in the municipal district;
30 "local government charter" means the
provisions in Part 1A;
"Preamble" means the Preamble in
section 1.'.
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s. 5
5. New Part 1A inserted--Local Government Charter
After Part 1 of the Local Government Act 1989
Victorian Legislation and Parliamentary Documents
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
Best Value Principles to best meet the
needs of the local community;
5
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Part 2--Recognition of Local Government
s. 5
(c) to improve the overall quality of life of
people in the local community;
Victorian Legislation and Parliamentary Documents
(d) to promote appropriate business and
employment opportunities;
5 (e) to ensure that services and facilities
provided by the Council are accessible
and equitable;
(f) to ensure the equitable imposition of
rates and charges;
10 (g) to ensure transparency and
accountability in Council decision
making.
3D. What is the role of a Council?
(1) A Council is elected to provide leadership
15 for the good governance of the municipal
district and the local community.
(2) The role of a Council includes--
(a) acting as a representative government
by taking into account the diverse needs
20 of the local community in decision
making;
(b) providing leadership by establishing
strategic objectives and monitoring
their achievement;
25 (c) maintaining the viability of the Council
by ensuring that resources are managed
in a responsible and accountable
manner;
(d) advocating the interests of the local
30 community to other communities and
governments;
(e) acting as a responsible partner in
government by taking into account the
needs of other communities;
6
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Part 2--Recognition of Local Government
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(f) fostering community cohesion and
encouraging active participation in
civic life.
Victorian Legislation and Parliamentary Documents
3E. What are the functions of a Council?
5 (1) The functions of a Council include--
(a) advocating and promoting proposals
which are in the best interests of the
local community;
(b) planning for and providing services and
10 facilities for the local community;
(c) providing and maintaining community
infrastructure in the municipal district;
(d) undertaking strategic and land use
planning for the municipal district;
15 (e) raising revenue to enable the Council to
perform its functions;
(f) making and enforcing local laws;
(g) exercising, performing and discharging
the duties, functions and powers of
20 Councils under this Act and other Acts;
(h) any other function relating to the peace,
order and good government of the
municipal district.
(2) For the purpose of achieving its objectives, a
25 Council may perform its functions inside and
outside its municipal district.
3F. What are the powers of Councils?
(1) Subject to any limitations or restrictions
imposed by or under this Act or any other
30 Act, a Council has the power to do all things
necessary or convenient to be done in
connection with the achievement of its
7
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Part 2--Recognition of Local Government
s. 6
objectives and the performance of its
functions.
Victorian Legislation and Parliamentary Documents
(2) The generality of this section is not limited
by the conferring of specific powers by or
5 under this or any other Act.".
6. New section 5B inserted
After section 5A of the Local Government Act
1989 insert--
"5B. Constitution of Council
10 (1) A Council must consist of not fewer than
5 Councillors and not more than
12 Councillors.
(2) A Council may be constituted so that it
consists of--
15 (a) only Councillors elected to represent
the municipal district as a whole; or
(b) only Councillors elected to represent
individual wards into which the
municipal district is divided.".
20 7. Amendments consequential to changes in sections 5
and 6
(1) In section 3(1) of the Local Government Act
1989, in the definition of "municipal enterprise"
omit "under clause 9 of item 7 of Schedule 1".
25 (2) Sections 5(1), 6, 7, 8 and 10 and Schedule 1 of the
Local Government Act 1989 are repealed.
(3) In section 208B(b) of the Local Government Act
1989, for "section 6(1)(c)" substitute "sections
3C(2)(b) and 3C(2)(e)".
30 (4) Sections 40B, 220Q(na) and 220Q(nb) of the
Local Government Act 1989 are repealed.
(5) In Schedule 3 of the Local Government Act
1989, in clause 17(1)(e), omit "40B,".
8
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Act No.
Part 2--Recognition of Local Government
s. 8
8. Consequential amendment to Docklands Act 1991
See:
In section 35C(1)(a) of the Docklands Act 1991 Act No.
Victorian Legislation and Parliamentary Documents
for "Schedule 1" substitute "section 3E(1)". 22/1991.
Reprint No. 3
as at
1 August 2003
and
amending
Act No.
23/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
9. Power to suspend
5 For section 219(1) of the Local Government Act
1989 substitute--
"(1) The Minister may recommend to the
Governor in Council that all the Councillors
of a Council be suspended, if the Minister is
10 satisfied on reasonable grounds--
(a) subject to sub-section (1A), that there
has been a serious failure to provide
good government; or
(b) that the Council has acted unlawfully in
15 a serious respect.
(1A) Before making a recommendation under sub-
section (1)(a), the Minister must consider
what steps the Council has taken to address
and remedy the difficulties underlying the
20 failure.".
__________________
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Local Government (Democratic Reform) Act 2003
Act No.
Part 3--Electoral Matters
s. 10
PART 3--ELECTORAL MATTERS
Victorian Legislation and Parliamentary Documents
10. Division 1 of Part 3 substituted
For Division 1 of Part 3 of the Local
Government Act 1989 substitute--
5 "Division 1--Voters
11. Entitlements relating to enrolment
(1) A person can only be enrolled on the voters'
roll of a Council if the person is a resident in
the municipal district of the Council or a
10 ratepayer to the Council exercising an
entitlement under and in accordance with
this Division.
(2) Despite anything to the contrary in this
Division, a person can only be enrolled on
15 the voters' roll for one ward in a municipal
district.
(3) Despite anything to the contrary in this Part,
a person is only entitled to vote once at any
election in respect of a Council, regardless of
20 how many different entitlements the person
may have to vote in respect of any ward.
(4) A person is not entitled to elect which right
of entitlement conferred by section 12(1),
13(1), 14(1) or 15(1) to exercise.
25 (5) A person can only be enrolled on the voters'
roll if--
(a) the person has an entitlement as a
resident or ratepayer to be enrolled
without application as at the entitlement
30 date; or
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Part 3--Electoral Matters
s. 10
(b) the person is entitled as a ratepayer to
apply to be enrolled and the
application--
Victorian Legislation and Parliamentary Documents
(i) complies with sub-section (6); and
5 (ii) is accepted in accordance with this
Division; or
(c) the person is appointed to vote on
behalf of a corporation under section
16(5) and the application for
10 appointment--
(i) complies with sub-section (6); and
(ii) is accepted in accordance with this
Division; or
(d) the person is appointed to vote on
15 behalf of a corporation under section
16(1) or 16(2) and the application for
appointment--
(i) complies with sub-section (6); and
(ii) is accepted in accordance with this
20 Division.
(6) An application must--
(a) be in writing;
(b) contain the details required by the
regulations;
25 (c) be delivered to the Council office by
4 p.m. on the entitlement date.
(7) Unless section 19 applies, enrolment under
an application referred to in sub-section
(5)(b) or (5)(c) has effect from the next
30 entitlement date after it is accepted and
continues in force until the day before the
subsequent entitlement date for a general
election.
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s. 10
12. Residents entitled to be enrolled without
application
Victorian Legislation and Parliamentary Documents
(1) A person who on the entitlement date would
be an elector in respect of an address in a
5 ward if a roll of electors for the Legislative
Assembly was compiled from the register of
electors, is entitled as a resident without
application to be enrolled on the voters' roll
in respect of that address.
10 (2) 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 compiled
from the register of electors--
is entitled as a resident without application to
20 be enrolled on the voters' roll in respect of
that address.
13. Owner ratepayers entitled to be enrolled
without application
(1) Subject to sub-sections (2) and (3), a person
25 who on the entitlement date--
(a) is not a person referred to in section 12;
and
(b) is not less than 18 years of age or is less
than 18 years of age but will attain the
30 age of 18 years on or before election
day; and
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Part 3--Electoral Matters
s. 10
(c) is the owner of any rateable property in
a ward whether solely or jointly with
any other person or persons; and
Victorian Legislation and Parliamentary Documents
(d) is not a resident of that rateable
5 property--
is entitled as a ratepayer without application
to be enrolled on the voters' roll in respect of
that rateable property.
(2) For the purposes of sub-section (1), only
10 2 joint owners are entitled to be enrolled in
respect of each rateable property.
(3) A person is not entitled to be enrolled under
sub-section (1) if an occupier is enrolled as a
ratepayer under section 15 in respect of that
15 rateable property.
(4) For the purposes of sub-section (1), if it
appears from the rate records of the Council
that there are more than 2 owners of any
rateable property, the Chief Executive
20 Officer must enrol without application the
2 owners--
(a) whose names appear first on the rate
records in relation to that rateable
property when those names are read in
25 the order in which they appear in those
records; and
(b) who satisfy the requirements of
paragraphs (b), (c) and (d) of sub-
section (1) in respect of that rateable
30 property.
(5) Despite sub-section (4), 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
35 that the owner or 2 owners of the rateable
property specified in the request be enrolled
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on the voters' roll instead of the owner or
2 owners that would otherwise be enrolled
by virtue of sub-section (4), the Chief
Victorian Legislation and Parliamentary Documents
Executive Officer must give effect to the
5 request.
(6) If a person is the owner of more than one
rateable property in a municipal district, the
person may by a written request containing
the details required by the regulations
10 delivered to the Council office by 4 p.m. on
the entitlement date specify the location of
the rateable property in respect of which the
entitlement under this section is to be
exercised.
15 (7) If a person is the owner of more than one
rateable property in a municipal district and
the Council does not receive a written
request under sub-section (6), the Council--
(a) must choose one rateable property in
20 respect of which the entitlement under
this section is to be exercised; and
(b) may for the purposes of paragraph (a)
choose the rateable property which has
the highest capital improved value in
25 the council valuation records at the
entitlement date.
14. Owner ratepayers may apply for
enrolment
(1) Subject to sub-sections (2) and (3), a person
30 who on the entitlement date--
(a) is not a person referred to in section 12
or 13; and
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(b) is not less than 18 years of age or is less
than 18 years of age but will attain the
age of 18 years on or before election
Victorian Legislation and Parliamentary Documents
day; and
5 (c) is an owner of any rateable property in
a ward--
is entitled as a ratepayer to apply to be
enrolled on the voters' roll in respect of that
rateable property.
10 (2) For the purposes of section 13(1) and sub-
section (1), only 2 joint owners can be
enrolled in respect of each rateable property.
(3) A person is not entitled to apply to be
enrolled under sub-section (1) if an occupier
15 is enrolled as a ratepayer under section 15 in
respect of that rateable property.
(4) A person who is enrolled on the voters' roll
as an owner under this section may renew
the enrolment by an application containing
20 the details required by the regulations
delivered to the Council office by 4 p.m. on
the entitlement date before the next general
election.
15. Occupier ratepayers may apply to be
25 enrolled
(1) A person who on the entitlement date--
(a) is not a person referred to in section 12,
13 or 14; and
(b) is not less than 18 years of age or is less
30 than 18 years of age but will attain the
age of 18 years on or before the
election day; and
(c) is the occupier of any rateable property,
whether solely or jointly with any other
35 person or persons and is liable to pay
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the rates in respect of that rateable
property--
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is entitled as a ratepayer to apply to be
enrolled on the voters' roll in respect of that
5 rateable property.
(2) For the purposes of sub-section (1), only
2 joint occupiers can be enrolled in respect
of each rateable property.
(3) For the purposes of sub-section (1), an
10 occupier is liable to pay the rates in respect
of that rateable property if--
(a) the occupier is paying the rates to the
Council; or
(b) the lease under which the occupier
15 occupies the rateable property specifies
that the occupier is liable to pay the
rates.
(4) Subject to sub-section (5), an application
under sub-section (1) must be accompanied
20 by the written consent of the owner, or if
there are joint owners, of at least 2 of the
joint owners, of the rateable property.
(5) Sub-section (4) does not apply if it appears
from the Council records that the occupier is,
25 or the joint occupiers are, receiving the rate
notice.
(6) If the Council receives an application under
sub-section (1), the Council must notify the
owner or joint owners that the Council has
30 received the application.
(7) If an application is in force under sub-section
(1), an enrolment cannot be made in respect
of the same rateable property under
section 13 or 14.
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(8) A person who is enrolled on the voters' roll
as an occupier under sub-section (1) may
renew the enrolment by an application
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containing the details required by the
5 regulations delivered to the Council office by
4 p.m. on the entitlement date before the next
general election.
(9) Sub-section (4) does not apply to an
application under sub-section (8).
10 (10) A person who is enrolled on the voters' roll
as an occupier under sub-section (1) may
resign the enrolment by an application
containing the details required by the
regulations delivered to the Council.
15 (11) The owner or any 2 of the joint owners may
withdraw a written consent under sub-section
(4) by an application containing the details
required by the regulations delivered to the
Council before 4 p.m. on the entitlement
20 date.
16. Provisions relating to corporations
(1) Subject to sub-section (3), if on the
entitlement date a corporation is the sole
owner of any rateable property in a ward and
25 is liable to pay the rates in respect of that
rateable property, the corporation may
appoint a person to represent it at Council
elections to vote on its behalf.
(2) Subject to sub-section (3), if on the
30 entitlement date a corporation is the owner of
any rateable property in a ward jointly with
any other person or persons and is liable to
pay the rates in respect of that rateable
property, the corporation may apply to
35 appoint a person to represent it at Council
elections to vote on its behalf.
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(3) If an application is in force under section 15,
an enrolment cannot be made in respect of
the same rateable property under sub-
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section (1) or (2).
5 (4) Section 14(2) applies in respect of an
application under sub-section (3).
(5) If on the entitlement date a corporation is the
occupier of any rateable property in a ward
whether solely or jointly with any other
10 person or persons and is liable to pay the
rates in respect of that rateable property, the
corporation may apply to appoint a person to
represent it at Council elections to vote on its
behalf.
15 (6) Sections 15(2), 15(3), 15(4), 15(5), 15(6),
15(7) and 15(11) apply in respect of an
application under sub-section (5).
(7) A corporation may only exercise the right of
entitlement conferred by sub-sections (1), (2)
20 and (5) once, regardless of how many
rateable properties it owns or occupies or
jointly owns or occupies in the municipal
district.
(8) A corporation may only be represented by
25 one person under this section at a Council
election in respect of a ward, regardless of
anything to the contrary in sub-sections (1),
(2) and (5).
(9) An appointment under sub-section (1) and an
30 application for a person to be enrolled for the
purposes of sub-section (2) or (5) is void if at
the time the appointment is made the person
appointed--
(a) is not a director or company secretary
35 of the corporation; or
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(b) has not reached 18 years of age and will
not attain the age of 18 years on or
before election day; or
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(c) has not consented in writing to be
5 appointed; or
(d) is for any other reason entitled to be
enrolled on the voters' roll in respect of
the municipal district for which the
appointment is made; or
10 (e) is as a result of another appointment for
the purposes of sub-section (1), (2) or
(5) which is still in force, already
enrolled on the voters' roll in respect of
the municipal district for which the
15 appointment is made.
(10) An appointment for the purposes of sub-
section (1), (2) or (5) is revoked if--
(a) the person appointed--
(i) ceases to be a director or company
20 secretary of the corporation; or
(ii) dies; or
(iii) delivers a notice of resignation
containing the details required by
the regulations to the Council
25 office; or
(iv) for any other reason becomes
entitled in his or her own right to
be enrolled on the voters' roll in
respect of the municipal district
30 for which the appointment was
made; or
(b) notice of revocation containing the
details required by the regulations is
delivered to the Council office; or
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(c) the entitlement under sub-section (1),
(2) or (5) ceases to exist.
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17. Procedure on receipt of notice of
appointment under section 16
5 (1) On receiving notice of an appointment, the
Chief Executive Officer must enrol the
person appointed unless he or she--
(a) believes the person is not entitled to be
enrolled; or
10 (b) has already received a valid notice of
appointment in respect of the rateable
property to which the appointment
relates and the notice of appointment
does not state that it is revoking that
15 previous appointment.
(2) If the Chief Executive Officer refuses to
enrol an appointed person, he or she must
advise the person who submitted the notice
of appointment of the refusal in writing and
20 give the person the reason for the refusal.
18. General powers relating to enrolment
(1) If the Chief Executive Officer refuses an
application for enrolment under section 14 or
15, the Chief Executive Officer must advise
25 the applicant that further evidence to his or
her satisfaction is required that the applicant
is eligible to be enrolled.
(2) The Chief Executive Officer or a member of
the Council staff who is authorised in that
30 behalf by the Chief Executive Officer may
either orally or in writing put to any person
in occupation of, resident in, in charge of, or
any person or corporation who is the owner
of, or any person who is the agent for the
35 owner of, any land, questions upon any
matter relating to an application and, in the
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case of questions put in writing, may require
the answers to be in writing and signed by
the person giving the answers.
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(3) If the Chief Executive Officer refuses to
5 make an enrolment under an application
because the Chief Executive Officer is of the
opinion that the applicant is not entitled to
enrolment the Chief Executive Officer must
advise the applicant in writing of the refusal
10 and of the reason for the refusal.
19. Notification of change or cessation of
entitlement
(1) If there has been a change in the particulars
(other than age) or a cessation of entitlement
15 to enrolment on the qualification specified
for the purposes of section 14, 15, 16(1),
16(2) or 16(5)--
(a) the person enrolled, in the case of an
enrolment under section 14 or 15; or
20 (b) the corporation on whose behalf a
person is enrolled, in the case of an
enrolment under section 16--
must notify the Chief Executive Officer in
writing within 1 month of that change or
25 cessation of entitlement.
(2) Any person or corporation that contravenes
sub-section (1) is guilty of an offence and
liable to a penalty of not more than 3 penalty
units.
30 20. Request that address not be shown
(1) A person may lodge a request with the Chief
Executive Officer in the prescribed form that
the address of the person not be shown on
any voters' roll if the person considers that
35 having the address on the voters' roll places
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or would place the personal safety of the
person or of members of the person's family
at risk.
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(2) A request must--
5 (a) give particulars of the relevant risk; and
(b) be verified by statutory declaration by
the person making the request.
(3) If the Chief Executive Officer is satisfied
that having the address of the person making
10 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
at risk, the Chief Executive Officer must
ensure that the address of the person is not
15 entered on any voters' roll.
(4) The Chief Executive Officer must notify the
person in writing of a decision to grant or
refuse a request made by a person under sub-
section (1).".
20 11. Sections 21 to 24 substituted
For sections 21 to 24 of the Local Government
Act 1989 substitute--
"21. Victorian Electoral Commission to
prepare voters' list of residents
25 (1) The Victorian Electoral Commission must
within 7 days of the exhibition roll date for a
general election supply to the Registrar a
voters' list of residents for each ward of the
persons who appear to the Victorian
30 Electoral Commission to be entitled to be
enrolled as at the exhibition roll date under
sections 12(1) and 12(2), identifying those
persons whose request that their principal
place of residence not be shown has been
35 accepted.
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(2) The Victorian Electoral Commission must
within 7 days of the exhibition roll date for a
general election supply to the Registrar a list
Victorian Legislation and Parliamentary Documents
of the names of persons--
5 (a) who are 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 since the
Victorian Electoral Commission last
10 supplied such a list; and
(b) whose last recorded address was in the
municipal district.
(3) The Chief Executive Officer must supply to
the Victorian Electoral Commission within
15 the period specified by the Victorian
Electoral Commission any information
required by the Victorian Electoral
Commission to prepare the voters' list.
22. Chief Executive Officer to prepare voters'
20 list of ratepayers
(1) The Chief Executive Officer is responsible
for the preparation of the voters' list of
ratepayers prepared under this section and
the maintenance of any records which may
25 be required to facilitate the preparation of an
accurate and complete voters' list.
(2) The Chief Executive Officer must within
7 days of the exhibition roll date for a
general election supply to the Registrar a
30 voters' list of ratepayers for each ward of the
persons who appear to the Chief Executive
Officer to be entitled to be enrolled as at the
exhibition roll date under sections 13, 14, 15
and 16 identifying those persons whose
35 request that their address not be shown has
been accepted.
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23. Registrar to prepare exhibition roll
(1) The Registrar must from the voters' lists
Victorian Legislation and Parliamentary Documents
received under sections 21 and 22 compile
the exhibition roll for a general election.
5 (2) The Registrar must remove from the voters'
list received under section 22--
(a) any person who appears on the voters'
list supplied under section 21(1); and
(b) any person who appears on the list
10 supplied under section 21(2).
(3) An exhibition roll may be prepared--
(a) for each of, or combining, the voters'
lists; and
(b) for each ward or for the whole of the
15 municipal district but identifying the
ward in respect of which each person is
enrolled.
23A. Public notification and exhibition
(1) In the case of a general election, the Chief
20 Executive Officer must on or before the
exhibition roll date--
(a) if the entitlement under section 14 or 15
has been exercised by a person, give a
letter to the person specifying that the
25 enrolment of the person on the voters'
roll will cease to have effect on the
entitlement date and that if still entitled,
an application to renew the enrolment
must be made under section 14(4) or
30 15(8); or
(b) if the entitlement under section 14 or 15
has been exercised by a corporation
under section 16(5), give a letter to the
corporation specifying that the
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enrolment of the person on the voters'
roll to represent the corporation will
cease to have effect on the entitlement
Victorian Legislation and Parliamentary Documents
date and that if still entitled, an
5 application to renew the enrolment
must be made under section 16(5); or
(c) if a corporation has exercised the
entitlement under section 16(1) or
16(2), give a letter to the corporation
10 specifying that the enrolment of the
person on the voters' roll to represent
the corporation continues to have effect
unless a new application is made under
section 16.
15 (2) Without limiting sub-section (1), the Chief
Executive Officer must on or before the first
exhibition roll date after the commencement
of section 11 of the Local Government Act
(Democratic Reform) Act 2003 give a letter
20 to--
(a) each person enrolled under sections
11(4) and 12 as in force before that
commencement; and
(b) each corporation which has made an
25 appointment under section 13 as in
force before that commencement--
specifying the relevant entitlements and
requirements for enrolment after that
commencement.
30 (3) A letter under sub-section (1) or (2) must be
accompanied by the relevant application
form under section 14, 15 or 16.
(4) In the case of a by-election or a poll of
voters, the exhibition roll to be used for the
35 purposes of this section and section 24 is the
voters' roll prepared for the last election.
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(5) The Registrar must at least 10 days before
the entitlement date publish a public notice
stating--
Victorian Legislation and Parliamentary Documents
(a) the entitlement date;
5 (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
under this section;
10 (d) when the voters' roll will close;
(e) who can apply to enrol;
(f) how they can apply to enrol.
(6) The Registrar must ensure that the exhibition
roll is available for inspection by members of
15 the public for the period--
(a) beginning at least 5 working days
before the entitlement date; and
(b) ending at 4 p.m. on the entitlement
date.
20 (7) A person may within the period specified in
sub-section (6) object in writing to the
Registrar on the ground that the exhibition
roll contains--
(a) an omission, error, misnomer or
25 inaccurate description of any person,
place or thing; or
(b) the name of a person who has died; or
(c) the name of a person who is no longer
entitled to be enrolled as an elector for
30 the Council or Assembly by virtue of
section 48(2)(d) of the Constitution
Act 1975.
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(8) The Registrar must as soon as practicable
after receiving an objection which relates to
the voters' list prepared under section 21
Victorian Legislation and Parliamentary Documents
forward the objection to the Victorian
5 Electoral Commission.
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
10 containing the prescribed particulars of
persons entitled to be enrolled as at the close
of the roll from--
(a) the exhibition roll; and
(b) objections received under section
15 23A(7); and
(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
20 identifying the ward in respect of which each
person is enrolled.
(4) The Victorian Electoral Commission must
provide to the Registrar not later than 5 days
after the entitlement date sufficient records
25 in a form specified by the Registrar so as to
enable the exhibition roll to be updated in
respect of persons entitled to be enrolled
under sections 12(1) and 12(2) as at the close
of the roll.
30 (5) The Chief Executive Officer must provide to
the Registrar sufficient information in a form
and at the times specified by the Registrar so
as to enable the exhibition roll to be updated
in respect of persons whose entitlement
35 arises as a ratepayer under section 13, 14, 15,
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or 16 during the period from the exhibition
roll date until the close of the roll.
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(6) The Chief Executive Officer must--
(a) in the case of a general election or a
5 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--
10 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--
(a) continues in force until the next voters'
15 roll is prepared; and
(b) must not be amended except in
accordance with section 24A.
24A. Amendment of voters' roll
(1) A voters' roll may be amended by the Chief
20 Executive Officer if--
(a) there is any error in the preparation,
printing or copying of the voters' roll;
or
(b) there is any misnomer or any inaccurate
25 description of any person, place or
thing on the voters' roll; or
(c) the Chief Executive Officer is advised
in writing by the Victorian Electoral
Commission that an objection under
30 section 23A(7) relating to a person
enrolled under section 12(1) or 12(2)
has been determined by the Victorian
Electoral Commission to be valid.
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(2) If an amendment under sub-section (1)(a) or
(1)(b) relates to a person enrolled under
section 12(1) or 12(2), the Chief Executive
Victorian Legislation and Parliamentary Documents
Officer must obtain the approval of the
5 Victorian Electoral Commission.
(3) The amendment of the voters' roll under sub-
section (1) must be--
(a) certified by the Chief Executive Officer
and the Returning Officer for the
10 election; or
(b) if a member of Council staff is the
Returning Officer for the election,
certified by the Chief Executive Officer
and the Victorian Electoral
15 Commission.
(4) The certification under sub-section (3)
must--
(a) be in writing;
(b) detail the amendments made;
20 (c) specify the reasons why the
amendments were made.
24B. Inspection of voters' roll
The Chief Executive Officer must ensure
that the voters' roll certified under section 24
25 is available for inspection by members of the
public for the period--
(a) beginning on the day that the voters'
roll is certified; and
(b) ending 30 days after election day.
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24C. Provision of voters' rolls
(1) The Chief Executive Officer must only
Victorian Legislation and Parliamentary Documents
provide a copy of a voters' roll to a person in
accordance with this section.
5 (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
10 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
15 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
20 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.
(4) On the request of any person or organisation,
25 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
30 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.
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(5) A permitted purpose for the purposes of sub-
section (4) is--
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(a) any purpose connected with an
election;
5 (b) any purpose connected with
communicating with or surveying
constituents in relation to council
functions;
(c) the conduct of a poll of voters;
10 (d) subject to the approval of the Privacy
Commissioner, any other public interest
purpose.
(6) A permitted purpose under paragraph (a), (b)
or (c) of sub-section (5) is restricted to use
15 by the Council or on behalf of the Council or
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
20 to the Privacy Commissioner.
(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
25 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--
30 (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
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(c) any alternative sources of information
that would be available.
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(10) If the Privacy Commissioner does not
approve a proposed use as a public interest
5 purpose, the Chief Executive Officer must
reject the request for a copy of the voters'
roll to be used for that purpose.
(11) A person or organisation that is provided
with a copy of the voters' roll under sub-
10 section (4) must--
(a) only use the copy of the voters' roll for
the permitted purpose for which the
voters' roll was provided; and
(b) within the period specified in the
15 conditions subject to which the voters'
roll was provided, either destroy the
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
20 to the Chief Executive Officer.
Penalty: 20 penalty units.
(12) The Chief Executive Officer must not
provide particulars of any person whose
request that their address not be shown has
25 been accepted.".
12. Amendments consequential on changes in section 11
(1) In section 3(1) of the Local Government Act
1989--
(a) for the definition of "entitlement date"
30 substitute--
' "entitlement date" means--
(a) the day that is 57 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
Victorian Legislation and Parliamentary Documents
working day before that day;';
5 (b) insert the following definitions--
' "election day" means--
(a) in the case of an election, the day
of an election determined under
section 31 or 38;
10 (b) in the case of a poll of voters', the
relevant date specified in the
public notice under clause 16 of
Schedule 3;
"exhibition roll" means the roll prepared
15 under section 23;
"exhibition roll date" means--
(a) the day that is 100 days before
election day; or
(b) an earlier day than the day that is
20 100 days before election day and
which is specified in an Order in
Council for the purposes of this
definition;';
(c) in the definition of "person" before "Part 3"
25 insert "Divisions 1 to 7 of";
(d) insert the following definitions--
' "Privacy Commissioner" means the
Privacy Commissioner appointed under
the Information Privacy Act 2000;
30 "rateable property" in relation to
Division 1 of Part 3, means an
occupancy which is separately valued
under section 13DC of the Valuation
of Land Act 1960 and is rateable land;
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"Registrar" means--
(a) the Chief Executive Officer; or
Victorian Legislation and Parliamentary Documents
(b) if the Council has engaged an
Electoral Commission to prepare
5 the exhibition roll and the voters'
roll, the relevant officer appointed
in writing by the Electoral
Commission to be the Registrar;'.
(2) In the Local Government Act 1989--
10 (a) in section 25(2) for "altered as directed under
section 43" substitute "amended under
section 24A";
(b) in section 43(1), paragraphs (b) and (c) are
repealed;
15 (c) in section 222(1), omit "the voters' roll and".
(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
20 the last working day before election day in
the election or poll of voters.
(3A) For the purposes of this section, Schedule 2
applies as if for "31st day" there were
substituted "32nd day".'.
25 13. Consequential amendment to Docklands Act 1991
For section 35O(2) of the Docklands Act 1991
substitute--
"(2) Divisions 1 and 2 of Part 3 of the Local
Government Act 1989 apply (with any
30 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
purposes of this Division.".
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14. Qualification to be a Councillor
For section 28(1) of the Local Government Act
Victorian Legislation and Parliamentary Documents
1989 substitute--
"(1) A person is qualified to be a candidate for
5 the office of Councillor if he or she has an
entitlement referred to in section 11.
(1A) A person is qualified to become and continue
to be a Councillor at a particular time if,
were that particular time the entitlement date
10 and a voters' roll prepared, sub-section (1)
would apply to that person.
(1B) Despite sub-section (1), a person who is
qualified to be, and is, a Councillor,
immediately before the commencement of
15 section 14 of the Local Government
(Democratic Reform) Act 2003 does not
cease to be qualified to continue in office for
the duration of his or her current term of
office only because of the amendment made
20 to this section by section 14 of the Local
Government (Democratic Reform) Act
2003.".
15. Divisions 4 and 5 of Part 3 substituted
For Divisions 4 and 5 of Part 3 of the Local
25 Government Act 1989 substitute--
'Division 4--Holding of General Elections
31. General elections
(1) Subject to this Division, a general election of
Councillors for all Councils must be held on
30 the last Saturday in November 2008 and
thereafter on the last Saturday in November
in the fourth year after the last general
election of Councillors for all Councils was
held.
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(2) Despite sub-section (1), the first general
election of Councillors after the
commencement of section 15 of the Local
Victorian Legislation and Parliamentary Documents
Government (Democratic Reform) Act
5 2003--
(a) of Councils which held their last
general election before 1 January 2003,
must be held on the last Saturday in
November 2004; and
10 (b) of Councils which held their last
general election after 1 January 2003,
must be held on the last Saturday in
November 2005.
(3) Despite sub-section (1), if as a result of the
15 expiry of the Legislative Assembly of the
Parliament of Victoria under section 38(1) of
the Constitution Act 1975, a general
election will be held under the Constitution
Act 1975 on the same day on which a
20 general election of Councillors for all
Councils would be required to be held by
sub-section (1), sub-section (1) applies in
respect of that general election of
Councillors for all Councils as if for "fourth
25 year" there were substituted "third year".
(4) Despite sub-section (1), if a Council is
required to hold a general election other than
in accordance with sub-section (1)--
(a) on a day which is 2 years or more
30 before the day on which the next
general election of Councillors for all
Councils is to be held, the Council must
hold its next general election on the day
on which the next general election of
35 Councillors for all Councils is to be
held;
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(b) on a day which is less than 2 years
before the day on which the next
general election of Councillors for all
Victorian Legislation and Parliamentary Documents
Councils is to be held, the Council must
5 hold--
(i) its next general election on the day
which is the last Saturday in
November in the first year after
the year on which the next general
10 election of Councillors for all
Councils is to be held; and
(ii) each subsequent general election
on the day on which the general
election of Councillors for all
15 Councils is to be held.
(5) Despite sub-section (1), in exceptional
circumstances, on the recommendation of the
Minister, the Governor in Council may by
Order in Council postpone the election day
20 under sub-section (1), (2), (3) or (4) to
another Saturday as nearest as possible to the
election day.
(6) Without limiting the generality of sub-
section (5), it is an exceptional circumstance
25 for the purposes of sub-section (5) if as a
result of the dissolution of the Legislative
Assembly of the Parliament of Victoria
under the Constitution Act 1975, a general
election will be held under the Constitution
30 Act 1975 on a Saturday during the period
commencing 4 weeks before the Saturday on
which a general election of Councillors for
all Councils would be required to be held by
sub-section (1) and ending 2 weeks after the
35 Saturday on which a general election of
Councillors for all Councils would be
required to be held by sub-section (1).'.
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16. Amendments consequential on changes in section 15
(1) In the Local Government Act 1989--
Victorian Legislation and Parliamentary Documents
(a) in section 38(2B) for "triennial election"
substitute "general election";
5 (b) section 68(1) is repealed;
(c) in section 68(2), for "If a Council is holding
triennial elections" substitute "At a general
election,".
(2) In section 219 of the Local Government Act
10 1989--
(a) for sub-section (9)(a) substitute--
"(a) the Governor in Council must reinstate
the Councillors and the administrator
then goes out of office; or";
15 (b) in sub-section (9)(b), after "Council" insert
"and publish notice of the date in the
Government Gazette";
(c) in sub-section (10), for "by-election"
substitute "general election".
20 (3) Part 12 of the Local Government Act 1989 is
repealed.
17. Section 37 substituted
For section 37 of the Local Government Act
1989 substitute--
25 "37. Extraordinary vacancy within 6 months
before a general election
If an extraordinary vacancy occurs within
6 months before a general election, the
extraordinary vacancy is not to be filled
30 unless the Council decides to fill the
vacancy.".
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18. Extraordinary vacancies
(1) In sections 37A(1)(b)(i) and 37A(1)(b)(ii) of the
Victorian Legislation and Parliamentary Documents
Local Government Act 1989, for "3 months"
substitute "6 months".
5 (2) For section 38(1) of the Local Government Act
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
10 vacancy.
(1A) The date of an election under sub-section (1)
must be--
(a) fixed by the Minister; and
(b) published in the Government Gazette.
15 (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.".
(3) After section 38(2A) of the Local Government
20 Act 1989 insert--
"(2AA) If an extraordinary vacancy is caused by the
decision of the Victorian Civil and
Administrative Tribunal on an application
for review, the extraordinary vacancy occurs
25 on the day the decision is given.".
(4) In section 38(2B) of the Local Government Act
1989, after "Sub-section (2A)" insert "or (2AA)".
(5) In section 38(2C) of the Local Government Act
1989, after "tribunal" insert "or the decision of the
30 Victorian Civil and Administrative Tribunal".
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(6) 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
Victorian Legislation and Parliamentary Documents
must be held to fill all the extraordinary vacancies
5 at the same time".
(7) After section 38(3) of the Local Government Act
1989 insert--
"(4) Despite anything to the contrary in this
section, in exceptional circumstances, on the
10 recommendation of the Minister, the
Governor in Council may by Order in
Council postpone the election day under this
section to another Saturday as nearest as
possible to the election day.".
15 19. Section 39 substituted
For section 39 of the Local Government Act
1989 substitute--
"39. One vote per person
A person who is entitled to vote at an
20 election is only entitled to 1 vote in respect
of each municipal district for which he or she
is enrolled.".
20. Amendment consequential on change in section 19
In section 58(3)(a) of the Local Government Act
25 1989, omit "(unless allowed or required to do so
by section 39 or 40A)".
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21. Voting is compulsory
(1) In section 40(2) of the Local Government Act
Victorian Legislation and Parliamentary Documents
1989, for the definition of "prosecution officer"
substitute--
5 ' "prosecution officer" means--
(a) the Chief Executive Officer or a person
appointed by the Chief Executive
Officer for the purposes of this section;
or
10 (b) if an Electoral Commission is
responsible for the prosecutions under
this section, the Electoral Commission
or a person appointed by the Electoral
Commission for the purposes of this
15 section.'.
(2) In section 40(4) of the Local Government Act
1989--
(a) for paragraph (a) substitute--
"(a) the details of the election, including--
20 (i) the name of the Council;
(ii) the date of the election;
(iii) the name of the ward--
in respect of which the alleged
infringement relates;";
25 (b) after paragraph (d) insert--
"(da) the methods by which the prescribed
penalty may be paid;".
(3) Section 40(11) of the Local Government Act
1989 is repealed.
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22. Municipal electoral tribunals
(1) For section 45(1) of the Local Government Act
Victorian Legislation and Parliamentary Documents
1989 substitute--
"(1) Within 14 days of the declaration of the
5 result of an election--
(a) a candidate in that election who
disputes the validity of the election; or
(b) 10 voters who dispute the validity of
the election--
10 may apply for an inquiry into the election by
a municipal electoral tribunal.".
(2) Section 48(1) of the Local Government Act 1989
is repealed.
(3) For section 48(3) of the Local Government Act
15 1989 substitute--
"(3) An application for review must be made
within 7 days of a copy of the decision being
given to the parties to the application.
(4) The Tribunal's power under this section is
20 exercisable only by a presidential member of
the Tribunal.".
(4) In section 49(1) of the Local Government Act
1989, after "reasons" insert "in writing".
(5) For section 49(2) of the Local Government Act
25 1989 substitute--
"(2) A municipal electoral tribunal must provide
a copy of its decision to--
(a) each party to the application; and
(b) the Minister.".
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(6) For clause 1 of Schedule 4 of the Local
Government Act 1989 substitute--
Victorian Legislation and Parliamentary Documents
"1. Constitution
A Tribunal is to be constituted by a magistrate or
5 acting magistrate appointed by the Attorney-
General.".
(7) In Schedule 4 of the Local Government Act
1989, in clauses 2(2) and 2(3), for "Minister"
substitute "Attorney-General".
10 23. Change in terminology
In the Local Government Act 1989--
(a) in section 52 and clauses 6(3), 7(1) and 9(1)
of Schedule 2, for "notice of candidature"
(wherever occurring) substitute
15 "nomination";
(b) in clause 3(2) of Schedule 2, for "notice of
candidature" substitute "nominations";
(c) in clauses 5, 6(1), 6(7), 7(3), 8 and 9(3) of
Schedule 2, for "notice of candidature"
20 (wherever occurring) substitute "nomination
form".
24. Section 55 substituted
For section 55 of the Local Government Act
1989 substitute--
25 '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,
30 published or distributed, an electoral
advertisement, handbill, pamphlet or notice
unless the name and address of the person
who authorised the electoral advertisement,
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handbill, pamphlet or notice appears at its
end.
Victorian Legislation and Parliamentary Documents
Penalty: In the case of a natural person,
10 penalty units;
5 In the case of a body corporate,
20 penalty units.
(2) Sub-section (1) does not apply in relation
to--
(a) a car sticker, an item of clothing, lapel
10 button, lapel badge, fridge magnet, pen,
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,
15 by implication, to limit the generality of
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
20 period--
(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
25 or deceive an elector in relation to the
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,
30 20 penalty units.
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(2) A person must not during the election
period--
Victorian Legislation and Parliamentary Documents
(a) print, publish or distribute; or
(b) cause, permit or authorise to be printed,
5 published or distributed--
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
10 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,
10 penalty units;
15 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
defence if the person proves that the
20 person--
(a) did not know; and
(b) could not reasonably be expected to
have known--
that the matter or thing was likely to mislead
25 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
headline in letters not smaller than 10 point
30 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
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(b) for which any reward or compensation
or promise of reward or compensation
is, or is to be, made.
Victorian Legislation and Parliamentary Documents
Penalty: In the case of a natural person,
5 10 penalty units;
In the case of a body corporate,
20 penalty units.
55C. Authors to be identified
(1) A person must not during the election
10 period--
(a) print, publish or distribute; or
(b) cause, permit or authorise to be printed,
published or distributed--
a newspaper, circular or pamphlet containing
15 an article, report, letter or other matter
containing electoral matter unless the
author's name and address are set out at the
end of the article, report, letter or other
matter, or if only part of the article, report,
20 letter or matter appears in any issue of a
newspaper, circular or pamphlet at the end of
that part.
Penalty: In the case of a natural person,
10 penalty units;
25 In the case of a body corporate,
20 penalty units.
(2) This section does not apply to the publication
in a newspaper of--
(a) a leading article; or
30 (b) an article that consists solely of a report
of a meeting and does not contain
electoral matter, other than comment
made by a speaker at the meeting.
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(3) It is sufficient compliance with sub-section
(1) if a newspaper containing a letter
containing electoral matter sets out the
Victorian Legislation and Parliamentary Documents
author's name and the suburb or locality in
5 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
10 advertisement, handbill, pamphlet or notice
during the election period unless it only
contains information about the election
process.'.
25. Amendments consequential on changes in section 24
15 (1) In section 3(1) of the Local Government Act
1989 insert the following definitions--
' "election period", in relation to an election,
means the period that--
(a) starts on the entitlement date; and
20 (b) ends at 6 p.m. on election day;
"electoral advertisement, handbill, pamphlet
or notice" means an advertisement, handbill,
pamphlet or notice that contains electoral
matter, but does not include an advertisement
25 in a newspaper announcing the holding of a
meeting;
"publish" means publish by any means including
by publication on the Internet;'.
(2) After section 3(1) of the Local Government Act
30 1989 insert--
'(1A) In this Act, "electoral matter" means
matter which is intended or likely to affect
voting in an election but does not include
any electoral material produced by or on
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behalf of the returning officer for the
purposes of conducting an election.
Victorian Legislation and Parliamentary Documents
(1B) Without limiting the generality of the
definition of "electoral matter", matter is to
5 be taken to be intended or likely to affect
voting in an election if it contains an express
or implicit reference to, or comment on--
(a) the election; or
(b) a candidate in the election; or
10 (c) an issue submitted to, or otherwise
before, the voters in connection with
the election.'.
(3) For section 29(2)(ab) of the Local Government
Act 1989 substitute--
15 "(ab) is convicted of an offence against section
55A(1), 57, 58(1), 58(2), 58(3), 58A, 59 or
60 or clause 8 or 9 of Schedule 5; or".
(4) In section 57A(1) of the Local Government Act
1989, after "section 55" insert ", 55A".
20 26. Consequential amendment to Docklands Act 1991
In section 35Y of the Docklands Act 1991, after
"55," insert "55A, 55B, 55C, 55D,".
27. Section 56 substituted
For section 56 of the Local Government Act
25 1989 substitute--
"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
30 centre--
(a) hand out, distribute or otherwise make
available; or
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(b) authorise the handing out, distribution
or otherwise making available--
Victorian Legislation and Parliamentary Documents
to any person of any printed electoral
material other than a registered how-to-vote
5 card.
Penalty: 10 penalty units.
(2) A person must not--
(a) print, publish or distribute; or
(b) cause, permit or authorise to be printed,
10 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
an endorsement in the prescribed manner.
15 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
did not know, and could not reasonably be
20 expected to have known, that the card was
not a registered how-to-vote card.
(4) Sub-section (1) does not apply to--
(a) the handing out, distribution, sale or
otherwise making available of a
25 newspaper by or on behalf of a
newsagent, newspaper seller or
distributor if the handing out,
distribution, sale or making available is
in the course of the newsagent's,
30 newspaper seller's or distributor's
employment or business; or
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(b) the handing out, distribution or
otherwise making available of any
printed electoral material in any room
Victorian Legislation and Parliamentary Documents
or building used as a campaign room or
5 an office by a candidate in the election
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,
10 hoarding or structure (whether
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
15 person authorised by the person in charge to
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--
20 (a) to produce for inspection any how-to-
vote cards in the person's possession;
and
(b) to hand over all how-to-vote cards other
than registered how-to-vote cards.
25 (2) A person who fails to comply with a request
under sub-section (1) is guilty of an offence.
Penalty: 10 penalty units.
(3) If a person refuses to comply with a request,
a member of the police force or a returning
30 officer may seize any card in the person's
possession which is not endorsed in the
prescribed manner.".
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28. Amendments consequential on changes in section 27
(1) In section 3(1) of the Local Government Act
Victorian Legislation and Parliamentary Documents
1989, for the definition of "printed electoral
material" substitute--
5 ' "printed electoral material" means an
advertisement, handbill, pamphlet or notice
that contains electoral matter;'.
(2) For section 29(2)(ab) of the Local Government
Act 1989 substitute--
10 "(ab) is convicted of an offence against section
55A(1), 56, 56A, 57, 58(1), 58(2), 58(3),
58A, 59 or 60; or".
(3) Schedule 5 of the Local Government Act 1989 is
repealed.
15 (4) For clause 8 of Schedule 12 of the Local
Government Act 1989 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
20 Administrative Tribunal for a review of specified
decisions.".
29. Voting centres and early voting
In the Local Government Act 1989--
(a) in section 3(1) insert the following
25 definition--
' "voting centre" means a place appointed
by the returning officer for voting at an
election as--
(a) an early voting centre;
30 (b) a mobile voting centre;
(c) an election day voting centre;';
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(b) in sections 53(1) and 53(2) for "a polling
place" (wherever occurring) substitute
"a voting centre";
Victorian Legislation and Parliamentary Documents
(c) in section 53(2) for "the polling place"
5 substitute "the voting centre";
(d) in sections 54(5)(a) and 54(5)(b) for "the
polling booth" substitute "the voting
centre";
(e) in sections 58(4), 60(1) and 60(3)(c) for
10 "a polling place" substitute "a voting
centre";
(f) in section 60(3)(b) for "the polling place"
substitute "the voting centre";
(g) in Schedule 2, in clause 17(1)(a) for "polling
15 place" substitute "voting centre";
(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
20 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
25 centres".
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30. New Division 9 inserted
After section 61 of the Local Government Act
Victorian Legislation and Parliamentary Documents
1989 insert--
'Division 9--Election Campaign Donations
5 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.
10 (2) An election campaign donation return
must--
(a) be in the prescribed form; and
(b) contain the prescribed details in respect
of any gifts received during the
15 donation period, by the candidate or on
behalf of the candidate, to be used for
or in connection with the election
campaign--
(i) the amount or value of which is
20 equal to or exceeds $200; or
(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
25 required to specify the relevant details of an
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
30 gift solely or substantially for a purpose
related to the election.
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(4) The reference in sub-section (2) to a gift
made by a person includes a reference to a
gift made on behalf of the members of an
Victorian Legislation and Parliamentary Documents
unincorporated association.
5 (5) For the purposes of this section, 2 or more
gifts 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
10 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--
15 (a) fails to give a return that the person is
required to give under this section; or
(b) gives a return that contains particulars
that to the knowledge of the person are
false or misleading in a material
20 particular; or
(c) provides information that to the
knowledge of the person is false or
misleading in a material particular to a
person required to give a return under
25 this section--
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
30 candidate, the return--
(a) must be given; and
(b) must include a statement to the effect
that no gifts of a kind required to be
disclosed were received.
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62A. Responsibilities of Chief Executive Officer
(1) The Chief Executive Officer must within
Victorian Legislation and Parliamentary Documents
28 days after the period specified in section
62(1) submit a written report to the Minister
5 specifying--
(a) the names of the persons who were
candidates in the election; and
(b) the names of the persons who submitted
a return under section 62.
10 (2) The Chief Executive Officer must retain an
election campaign donation return for a
period of 4 years from the date that it is
given under section 62.
(3) The Chief Executive Officer must ensure
15 that a copy of an election campaign donation
return retained under sub-section (2) is
available for inspection at the office of the
Council during normal office hours.
62B. Certain gifts not to be accepted
20 (1) It is unlawful for a Councillor or a person
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
25 exceeds $200 unless--
(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--
30 (i) the person making the gift gives to
the person receiving the gift the
person's name and address; and
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(ii) the person receiving the gift has
no grounds to believe that the
name and address so given are not
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the true name and address of the
5 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
for the benefit of the candidate, being a gift
10 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
receiving the gift; or
15 (b) at the time when the gift is made--
(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
20 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
25 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
30 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
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(ii) the names and addresses of the
members of the executive
committee (however described) of
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the association; and
5 (b) in the case of a gift purportedly made
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
10 of the foundation; and
(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
15 who is a candidate in an election is to be
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
20 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
25 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
30 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.'.
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31. Amendments consequential on changes in section 30
In section 3(1) of the Local Government Act
Victorian Legislation and Parliamentary Documents
1989 insert the following definitions--
' "disposition of property" means any
5 conveyance, transfer, assignment, settlement,
delivery, payment, gift or other alienation of
property including--
(a) the allotment of shares in a company;
(b) the creation of a trust in property;
10 (c) the grant or creation of any lease,
mortgage, charge, servitude, licence,
power, partnership or interest in
property;
(d) the release, discharge, surrender,
15 forfeiture or abandonment, at law or in
equity, of any debt, contract or chose in
action, or of any interest in property;
(e) the exercise by a person of a general
power of appointment of property in
20 favour of any other person;
(f) any transaction entered into by any
person with intent thereby to diminish,
directly or indirectly, the value of the
person's own property and to increase
25 the value of the property of any other
person;
"gift" means any disposition of property
otherwise than by will made by a person to
another person without consideration in
30 money or money's worth or with inadequate
consideration, including--
(a) the provision of a service (other than
volunteer labour); and
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(b) the payment of an amount in respect of
a guarantee; and
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(c) the making of a payment or
contribution at a fundraising function;'.
5 32. Division 2 of Part 10 substituted
For Division 2 of Part 10 of the Local
Government Act 1989 substitute--
'Division 2--Electoral Representation Reviews
219A. Purpose of this Division
10 The purpose of this Division is to provide for
independent reviews of electoral
representation by all Councils on a regular
basis to provide for fair and equitable
representation.
15 219B. Definitions
In this Division--
"review" means an electoral representation
review;
"reviewer" means the person appointed
20 under section 219E to conduct the
review.
219C. When is a review required?
(1) A review must be conducted--
(a) in the case of the first review to be
25 conducted under this Division, at a time
to be specified by the Minister by a
notice published in the Government
Gazette; and
(b) before every second general election so
30 as not to commence until 2 years before
that general election; and
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(c) in respect of a particular Council, at any
time specified by the Minister by a
notice published in the Government
Victorian Legislation and Parliamentary Documents
Gazette.
5 (2) A notice published under sub-section (1)(a)
may specify different dates for different
Councils.
(3) A notice published under sub-section (1)(a)
or (1)(c) may specify--
10 (a) the earliest date that the review may
commence; and
(b) the date by which the Council must
appoint the reviewer; and
(c) the date by which the final report must
15 be submitted to the Minister.
219D. Purpose of review
(1) The purpose of a review is to recommend--
(a) the number of Councillors and the
electoral structure that provides fair and
20 equitable representation for the persons
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
25 which--
(i) provide a fair and equitable
division of the municipal district;
and
(ii) satisfy paragraph (c);
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(c) if paragraph (b) applies, whether the
number of voters represented by each
Councillor is within 10% of the number
Victorian Legislation and Parliamentary Documents
derived from the following
5 calculation--
V
C
where--
V is the number of persons who are
entitled to vote at a general
election of the Council;
10 C is the number of Councillors
elected to represent individual
wards.
(2) For the purposes of sub-section (1)(c),
compliance may be determined by reference
15 to the number of voters at the time of the
review or by reference to the number of
voters projected to be voters on the
entitlement date for the next general election.
219E. Appointment of reviewer
20 (1) A Council must--
(a) in the case of a review to which
section 219C(1)(a) or 219C(1)(c)
applies, by the date specified in the
relevant notice; or
25 (b) in the case of a review to which
section 219C(1)(b) applies, at least
30 months before the next general
election--
appoint an Electoral Commission as the
30 reviewer.
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(2) An appointment under sub-section (1)--
(a) cannot specify how the review is to be
Victorian Legislation and Parliamentary Documents
conducted; and
(b) is subject to acceptance by the Electoral
5 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
10 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-
15 section (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
20 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
25 (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
30 Commission.
219F. Conduct of review
(1) Subject to this section, the reviewer may
conduct the review in any manner that the
reviewer considers appropriate.
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(2) The matters specified in regulations for the
purposes of this Division must be considered
in the conduct of the review and the making
Victorian Legislation and Parliamentary Documents
of recommendations.
5 (3) The reviewer may appoint any person the
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
10 municipal district of the relevant Council
specifying that--
(a) a review is to be conducted and what
the purpose of the review is;
(b) any person may make a preliminary
15 written submission by the date
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
20 written submission.
(6) After considering any preliminary
submissions, the reviewer must prepare a
preliminary report containing--
(a) a preferred option (including a map) as
25 to the number of Councillors and the
electoral structure, and if it is proposed
that the municipal district be divided
into wards, the boundaries of those
wards; and
30 (b) if the reviewer considers it to be
appropriate, alternative options
(including maps) to the preferred
option.
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(7) The reviewer must publish a notice in a
newspaper generally circulating in the
municipal district of the relevant Council
Victorian Legislation and Parliamentary Documents
specifying that--
5 (a) a preliminary report has been prepared
in the review;
(b) the preliminary report is available for
inspection at the Council office and at
the office of the reviewer specified in
10 the notice;
(c) a copy of the preliminary report can be
obtained upon payment of the
prescribed fee from the place specified
in the notice;
15 (d) any person may make a written
submission by the date specified in the
notice, being a date not less than
21 days after the notice is published,
and may request in the submission that
20 the person meet with the reviewer to
discuss their submission.
(8) The Council must ensure that a copy of the
preliminary report is available for inspection
at the office of the Council during normal
25 office hours.
(9) The reviewer must--
(a) consider any written submissions
received under sub-section (7); and
(b) arrange for any person who has so
30 requested, to be heard in person; and
(c) after complying with paragraphs (a)
and (b), prepare a final report.
(10) The reviewer must, not later than 6 months
before the general election in respect of
35 which the review is to be implemented,
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submit a copy of the final report to the
Council and the Minister.
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(11) The Council must ensure that--
(a) the final report is available for
5 inspection at the office of the Council
during normal office hours for the
period of at least 3 months after the
report is received;
(b) a copy of the final report can be
10 obtained upon payment of the
prescribed fee from the office of the
Council during normal office hours.
219G. Implementation of review
(1) The Minister may recommend to the
15 Governor in Council the making of such
orders under section 220Q as are necessary
to implement the final report.
(2) An order referred to in sub-section (1) may
provide that the changes are to have effect
20 for the purposes of the next general election.
(3) A Council must provide any information or
assistance to the Minister that the Minister
may request for the purposes of this section.
Division 3--Subdivision Reviews
25 219H. Application of Division
This Division applies to a Council if the
Victorian Electoral Commission considers
that--
(a) the boundaries for the wards of a
30 Council are unlikely to meet the
requirement specified in section
219D(1)(c) at the time of the next
general election; and
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(b) the Council is not scheduled to conduct
an electoral representation review under
Division 2 before the next general
Victorian Legislation and Parliamentary Documents
election.
5 219I. Definitions
In this Division--
"reviewer" means the person appointed
under section 219M to conduct the
review;
10 "subdivision review" means a subdivision
review conducted under section 219N.
219J. Duty of Victorian Electoral Commission
If this Division applies to a Council, the
Victorian Electoral Commission must not
15 later than 2 years before the Council is to
hold a general election notify the Minister in
writing that this Division applies to the
Council.
219K. Power of Minister
20 The Minister may require a Council to which
this Division applies to appoint an Electoral
Commission to conduct a subdivision
review.
219L. Purpose of subdivision review
25 The purpose of a subdivision review is to
consider the location of the boundaries for
the wards of the Council which will meet the
requirement specified in section 219D(1)(c).
219M. Appointment of reviewer
30 (1) If a Council is required to do so under
section 219K, the Council must appoint an
Electoral Commission as the reviewer not
later than 18 months before the general
election.
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(2) Sections 219E(2) to 219E(5) apply to an
appointment for the purposes of this section.
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219N. Conduct of subdivision review
(1) Subject to this section, the reviewer may
5 conduct the subdivision review in any
manner that the reviewer considers
appropriate.
(2) The reviewer may engage in community
consultation in conducting the subdivision
10 review.
(3) The reviewer must, not later than 6 months
before the general election in respect of
which the subdivision review is to be
implemented, submit a copy of the
15 subdivision review report to the Council and
the Minister.
219O. Implementation of subdivision review
(1) The Minister may recommend to the
Governor in Council the making of such
20 orders under section 220Q as are necessary
to implement the subdivision review report.
(2) A Council must provide any information or
assistance to the Minister that the Minister
may request for the purposes of this section.'.
25 33. Amendments consequential on changes in section 32
(1) In section 3(1) of the Local Government Act
1989 insert the following definition--
' "Electoral Commission" means any person or
body that is authorised under the law of the
30 State of Victoria or of the Commonwealth or
of any other State or of a Territory of the
Commonwealth to conduct parliamentary
elections in Victoria or the Commonwealth
or the other State or the Territory of the
35 Commonwealth;'.
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(2) After section 220R(2)(f) of the Local
Government Act 1989 insert--
Victorian Legislation and Parliamentary Documents
"(fa) the holding of the first electoral
representation review under Division 2 of
5 Part 10 after the restructuring has been
implemented;".
(3) In Schedule 2 of the Local Government Act
1989, for clause 1(2)(c) substitute--
"(c) if the Council has appointed an Electoral Commission
10 or another Council to conduct the election, a person
appointed in writing by the Electoral Commission or
Council to be the returning officer.".
(4) In Schedule 2 of the Local Government Act
1989, for clause 15(3)(d) substitute--
15 "(d) a person appointed by an Electoral Commission or
another Council to be involved in the conduct of the
election if that Electoral Commission or Council has
been appointed to conduct the election.".
(5) After clause 21 of Schedule 12 of the Local
20 Government Act 1989 insert--
"22. Any matters to be considered under section 219F in
the conduct of an electoral representation review and
the making of recommendations relating to the
number of Councillors, electoral structures and ward
25 boundaries.".
34. Nomination fees
(1) In the Local Government Act 1989, in
clause 5(1)(d) of Schedule 2, for "the prescribed
fee" substitute "to the Council the nomination fee
30 of $250 or such higher amount as is prescribed".
(2) In the Local Government Act 1989, in
clause 6(1)(b) of Schedule 2, for "prescribed fee"
substitute "nomination fee".
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(3) For clause 7(4) of Schedule 2 of the Local
Government Act 1989 substitute--
Victorian Legislation and Parliamentary Documents
"(4) The returning officer must retain the nomination fee
paid by a candidate who withdraws their nomination
5 under this clause.".
(4) After clause 8(6) of Schedule 2 of the Local
Government Act 1989 insert--
"(7) The returning officer must retain the nomination fee
paid by a candidate who retires under this clause.".
10 (5) In the Local Government Act 1989, in clause 24
of Schedule 2, for "prescribed fee" substitute
"nomination fee".
35. Death of a candidate
(1) For clause 9(2) of Schedule 2 of the Local
15 Government Act 1989 substitute--
"(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
20 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
25 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
30 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-
35 vote cards in a manner approved by the
returning officer.".
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(2) For clause 9(4) of Schedule 2 of the Local
Government Act 1989 substitute--
Victorian Legislation and Parliamentary Documents
"(4) The returning officer must return the nomination fee
to the candidate's personal representative.".
5 36. Filling of vacancies
(1) In the Local Government Act 1989, in
clause 10(1)(c) of Schedule 2, for "or retirement"
substitute ", retirement or death".
(2) In the Local Government Act 1989, in clause
10 10(2)(b) of Schedule 2, for "on election day"
substitute "in accordance with clause 23".
(3) After clause 10(2) of Schedule 2 of the Local
Government Act 1989 insert--
"(2A) If a by-election is required following the death or
15 resignation of a candidate, the vacancy is deemed to
have occurred on election day.".
(4) After clause 10(4) of Schedule 2 of the Local
Government Act 1989 insert--
"(4A) A vacancy to which sub-clause (4) applies is to be
20 filled at a by-election held using the voters' roll
certified for the general election in respect of which
the vacancy has arisen.".
37. Removal of restriction on attendance at ballot draw
Clause 14(3) of Schedule 2 of the Local
25 Government Act 1989 is repealed.
38. Clause 11 of Schedule 2 substituted--Availability of
nomination information
For clause 11 of Schedule 2 of the Local
Government Act 1989 substitute--
30 "11. Availability of nomination information
(1) The returning officer must ensure that nomination
forms are available for inspection during ordinary
office hours at the returning officer's office.
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(2) The returning officer may provide a list of candidates
for an election which specifies contact details for each
candidate.".
Victorian Legislation and Parliamentary Documents
39. Use of electronic counting equipment and systems
5 After clause 5 of Schedule 3 of the Local
Government Act 1989 insert--
"5A. Use of electronic counting equipment and systems
(1) The returning officer may use electronic counting
equipment and systems to assist in the counting of
10 votes at an election.
(2) The regulations may--
(a) modify the procedure specified in this Schedule
to facilitate the use of electronic counting
equipment and systems;
15 (b) prescribe types of electronic counting
equipment and systems.".
40. Proportional Representation
In Schedule 3 of the Local Government Act
1989--
20 (a) Part 4 is repealed;
(b) for the heading to Part 4A substitute--
"PART 4A--RESULT WHERE TWO OR
MORE COUNCILLORS ARE TO BE
ELECTED";
25 (c) clause 11A is repealed.
41. Procedure where vote tied
(1) In clause 10 of Schedule 3 of the Local
Government Act 1989, for paragraphs (f) and (g)
substitute--
30 "(f) if on any count 2 or more candidates have an equal
number of votes and 1 of them has to be declared a
defeated candidate, the result is to be determined--
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(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
Victorian Legislation and Parliamentary Documents
defeated; or
5 (ii) if a result is still not obtained or there has been
no count, by lot by the returning officer;
(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
10 the fewest votes at the last count at which those
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.".
15 (2) In clause 11B of Schedule 3 of the Local
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
20 the fewest number of votes is required to be excluded,
the result is to be determined--
(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
25 excluded; or
(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
30 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 or transfer at
which those candidates had a different number
35 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.".
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42. Recount of votes
(1) In clause 13 of Schedule 3 of the Local
Victorian Legislation and Parliamentary Documents
Government Act 1989, for sub-clauses (1), (1A)
and (1B) substitute--
5 "(1) At any time before a candidate has been declared
elected, the returning officer may--
(a) if he or she thinks fit; or
(b) at the written request of the candidate
specifying reasons--
10 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
the returning officer;
15 (b) the returning officer may conduct one or more
recounts;
(c) the returning officer must make reasonable
efforts to notify candidates or their
representatives before a recount is conducted.".
20 (2) In clause 13 of Schedule 3 of the Local
Government Act 1989, for sub-clause (4)
substitute--
"(4) In respect of each candidate only one scrutineer for
each authorised person involved in the recounting of
25 ballot-papers can be present at any one time.".
43. Report by returning officer
For clause 14 of Schedule 3 of the Local
Government Act 1989 substitute--
"14. Report on election by returning officer
30 (1) The returning officer must, as soon as practicable
after the completion of the election process, prepare a
report to the Chief Executive Officer on the conduct
of the election.
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(2) The report must include a certified record of the
number of ballot-papers and declarations printed,
issued, used, spoiled and returned.
Victorian Legislation and Parliamentary Documents
(3) The Chief Executive Officer must ensure that the
5 report is submitted to the Council within 3 months of
election day.".
44. Ballot material to be secured and stored
For clause 15 of Schedule 3 of the Local
Government Act 1989 substitute--
10 "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.".
15 45. Consequential
Clauses 10 and 18 of Schedule 3A of the Local
Government Act 1989 are repealed.
46. Countbacks
(1) In Schedule 3A of the Local Government Act
20 1989, in clauses 4(1), 5, 6(1), 7(1) and 7(3) for
"clause 2(3)" substitute "clause 2(2)".
(2) Clause 9 of Schedule 3A of the Local
Government Act 1989 is repealed.
(3) After clause 19 of Schedule 3A of the Local
25 Government Act 1989 insert--
"PART 3--ALTERNATIVE COUNTBACK
PROCEDURE
20. Application of Part
(1) This Part applies to a countback if--
30 (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
before public notice is given under clause 21,
that the returning officer is satisfied that--
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(i) the electronic record of the ballot-papers
is accurate; and
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(ii) the countback could be conducted by
electronic means.
5 (2) If this Part applies--
(a) the countback is to be conducted in accordance
with this Part by the use of electronic counting
equipment and systems; and
(b) clauses 2 to 7 do not apply; and
10 (c) the returning officer may vary the process
applying under clauses 11 to 16 to enable the
use of electronic counting equipment and
systems.
21. Public notice of intention to conduct countback
15 Within 14 days of an extraordinary vacancy
occurring, the returning officer must--
(a) publish a public notice--
(i) stating the intention to conduct a
countback under this Part; and
20 (ii) specifying when and where the
countback will be held; and
(b) write to each eligible candidate--
(i) advising of the details of the countback;
and
25 (ii) inviting each eligible candidate to
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
30 conduct the countback in accordance with clauses 11
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
35 complete a written declaration within 48 hours that
the candidate is still eligible to become a Councillor.
(3) If the candidate completes the written declaration
under sub-section (2), clause 17 applies.
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(4) If the candidate does not complete the written
declaration under sub-section (2), the process under
clause 21 and sub-clauses (1) and (2) is repeated
Victorian Legislation and Parliamentary Documents
until--
5 (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
that the candidate is still eligible to become a
Councillor, does so; or
10 (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
any candidate who has failed to complete the written
declaration when invited to do so are excluded in the
15 countback.
(6) If sub-clause (4)(a) applies, clause 17 applies.
(7) If sub-clause (4)(b) applies, the countback has failed
and clause 4 applies.".
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PART 4--THE COUNCIL
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47. Standardised name
Section 5A(e) of the Local Government Act
1989 is repealed.
5 48. 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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64. Failure to take oath of office
If a person elected to be a Councillor does
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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.'.
49. Amendments consequential to changes in section 48
(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".
(3) In section 81(2) of the Local Government Act
1989, for "declaration of office" substitute "oath
of office".
20 50. New section 69A inserted
After section 69 of the Local Government Act
1989 insert--
"69A. Multiple extraordinary vacancies
(1) This section applies if the number of
25 extraordinary vacancies created in the offices
of Councillors of a Council results in 50 per
cent or more of the offices of Councillors of
the Council being vacant.
(2) If this section applies, the remaining
30 Councillors are by virtue of this section
suspended for the period commencing
immediately upon 50 per cent or more of the
offices of Councillors of the Council being
vacant and ending upon the number of
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extraordinary vacancies that are filled and
the number of existing Councillors
constituting more than 50 per cent of the
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offices of Councillors of the Council.
5 (3) If this section applies the Minister must
recommend to the Governor in Council that
an Order in Council be made under this
section appointing an administrator for the
Council for the period referred to in sub-
10 section (2).
(4) Sections 219(3) and 219(3A) apply in
respect of the appointment of an
administrator under sub-section (3).
(5) The appointment of an administrator under
15 sub-section (3) has effect for the period
referred to in sub-section (2).
(6) The suspended Councillors are not
Councillors of the Council during the period
of suspension.
20 (7) Despite sub-section (6), the suspended
Councillors--
(a) are entitled to receive their allowances
under section 74; and
(b) may provide advice to the administrator
25 if the administrator so requests during
the period of administration.".
51. Section 70 substituted
For section 70 of the Local Government Act
1989 substitute--
30 "70. Candidate for election
(1) Subject to this section, a Councillor may
nominate as a candidate for an election if he
or she is capable of being or continuing to be
a Councillor.
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(2) A person who has been a Councillor of a
Council can not nominate as a candidate for
an election to fill an extraordinary vacancy in
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the office of a Councillor of that Council if
5 the person ceased to be a Councillor of that
Council under section 69(1) since the last
general election.
(3) A person who is a Councillor of a Council
can not nominate as a candidate for an
10 election as a Councillor of any Council
unless at the time of the nomination the
person will cease to hold office as a
Councillor on or before the election day for
that election.
15 (4) A person must not nominate as a candidate
for more than one election of Councillors to
be held on the same day.
(5) A person who has nominated as a candidate
for an election as a Councillor of a Council
20 can not nominate as a candidate for any other
election as a Councillor unless at the time of
the nomination the person has withdrawn the
previous nomination.
(6) If a person makes a nomination in
25 contravention of sub-section (2), (3) or (5),
the nomination is void.
(7) If a person makes nominations in
contravention of sub-section (4), all the
nominations are void.".
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52. Amendments relating to nominations
(1) At the end of section 52 of the Local
Victorian Legislation and Parliamentary Documents
Government Act 1989 insert--
"(2) A person who submits a nomination in
5 breach of section 70(2), 70(3), 70(4) or 70(5)
is guilty of an offence.
Penalty: 20 penalty units.".
(2) For clause 6(2) of Schedule 2 of the Local
Government Act 1989 substitute--
10 "(2) The returning officer can only reject a nomination--
(a) if section 70(6) or 70(7) applies; or
(b) if clause 5 has not been complied with; or
(c) under sub-clause (3A).".
(3) After clause 6(3) of Schedule 2 of the Local
15 Government Act 1989 insert--
"(3A) The returning officer must reject as being void a
nomination from a person who is not enrolled on the
voters' roll for the election unless the nomination is
accompanied by a statutory declaration stating that the
20 person is entitled to be enrolled being an entitlement
other than under section 12(1) or 12(2).".
(4) Clauses 6(4), 6(5), 6(6) and 6(6A) of Schedule 2
of the Local Government Act 1989 are repealed.
(5) After clause 6(7) of Schedule 2 of the Local
25 Government Act 1989 insert--
"(8) If the returning officer becomes aware before the
election day that a nomination to which sub-
clause (2)(a) or (2)(c) applies has not been rejected,
the following provisions apply to that nomination--
30 (a) if practicable, the returning officer must give
public notice before the election day of the
name of the person whose nomination is void;
(b) the returning officer must take all practicable
steps to remove the name of the person whose
35 nomination is void from the ballot-papers;
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(c) if the returning officer receives a completed
ballot-paper on which the name of the person
whose nomination is void has not been
Victorian Legislation and Parliamentary Documents
removed, the name of that person and any
5 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 remaining candidates.".
53. Election of Mayor
10 For section 71(3)(a) of the Local Government
Act 1989 substitute--
"(a) after the last Saturday in November but not
later than 31 December in each year; or".
54. Term of office
15 After section 72(1)(b) of the Local Government
Act 1989 insert--
"(ba) if his or her office as a Councillor is
suspended for any period under this Act; or".
55. Sections 74 and 74B substituted
20 For sections 74 and 74B of the Local
Government Act 1989 substitute--
"74. Councillor and Mayoral Allowances
(1) A Council must review and determine the
level of the Councillor allowance and the
25 Mayoral allowance within the period of
7 months after a general election.
(2) Subject to sub-section (3), the allowances
determined under sub-section (1) are payable
during the next 4 financial years.
30 (3) A Council can only vary the allowances
determined under sub-section (1) if--
(a) an Order in Council has been made
under section 74B which changes the
range of allowances that apply in
35 respect of the Council; and
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(b) the Council has conducted a further
review of allowances.
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(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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(d) specify the manner in which Councillor
allowances and Mayoral allowances are
payable.
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(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 of Councils as
specified in the Order in Council.
(3) After an Order in Council has made
10 provision for the categories of Councils, an
Order in Council can not be made to change
the category of a Council unless a
recommendation to that effect has been made
under section 74C(3).
15 (4) Any Order in Council that was made under
section 74 (as in force immediately before
the commencement of section 55 of the
Local Government (Democratic Reform)
Act 2003) and that was in force immediately
20 before that commencement continues in
force until it is replaced by an Order in
Council under this section.
74C. Advisory panel
(1) The Minister may appoint a local
25 government panel under Part 10A to advise
the Minister on matters relating to Councillor
allowances and Mayoral allowances.
(2) A Council may make a submission to the
local government panel requesting that an
30 Order in Council be made under section 74B
to change the category of that Council.
(3) If after considering a submission under sub-
section (2) the local government panel
considers that the category of the Council
35 should be changed, the local government
panel may make a recommendation to the
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Minister that an Order in Council be made to
change the category of that Council.
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(4) The Minister must give effect to a
recommendation under sub-section (3).".
5 56. Amendment consequential on changes in section 55
In section 220S(3)(c) of the Local Government
Act 1989, after "74" insert ", 74A, 74B, 74C".
57. New Division 1A inserted--Conduct and Interests
After section 76A of the Local Government Act
10 1989 insert--
"Division 1A--Conduct and Interests
76B. Rules of conduct
(1) In performing the role of a Councillor or a
member of a special committee, a person--
15 (a) must act honestly;
(b) must exercise reasonable care and
diligence.
(2) A person who fails to comply with sub-
section (1) is guilty of an offence against this
20 Act.
(3) A person who is, or has been, a Councillor or
member of a special committee--
(a) must not make improper use of their
position--
25 (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,
30 detriment to the Council;
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(b) must not make improper use of
information acquired because of their
position--
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(i) to gain, or attempt to gain, directly
5 or indirectly, an advantage for
themselves or for any other
person;
(ii) to cause, or attempt to cause,
detriment to the Council.
10 (4) A person who fails to comply with sub-
section (3) is guilty of an offence.
Penalty: 100 penalty units.
76C. Code of Conduct
(1) A Council must develop and approve a Code
15 of Conduct for the Council within the period
of 6 months after the commencement of
section 57 of the Local Government
(Democratic Reform) Act 2003.
(2) A Council must review the Code of Conduct
20 within the period of 6 months after a general
election.
(3) A Code of Conduct--
(a) must include the provisions of
section 76B;
25 (b) must set out processes for the purpose
of resolving an internal dispute between
Councillors;
(c) must specify procedures applying in
relation to disclosure of interests and
30 conflict of interests;
(d) must include provisions in respect of
any matter prescribed for the purpose of
this section;
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(e) may include any other matters relating
to the conduct of Councillors which the
Council considers appropriate.
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(4) Without limiting sub-section (3), a Code of
5 Conduct must contain a statement of the
caretaker procedures which are to apply
during an election period including
procedures--
(a) consistent with section 93A to ensure
10 that inappropriate decisions are not
made during the election period;
(b) consistent with section 55D to ensure
the Council does not inappropriately
publish or distribute electoral matter
15 during an election;
(c) to ensure that resources of the Council
are not inappropriately applied during
an election period.
(5) A Code of Conduct must not be inconsistent
20 with any Act or regulation.
(6) A copy of the current Code of Conduct must
be--
(a) given to each Councillor;
(b) available for inspection by the public at
25 the Council office and any district
offices.".
58. Amendment consequential on changes in section 57
In section 29(2)(a) of the Local Government Act
1989, after "section" insert "76B(3),".
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59. Section 77 substituted
For section 77 of the Local Government Act
Victorian Legislation and Parliamentary Documents
1989 substitute--
'77. Confidential information
5 (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
should reasonably know, is confidential
information.
10 Penalty: 100 penalty units.
(2) For the purposes of this section, information
is "confidential information" if--
(a) the information was provided to the
Council or a special committee in
15 relation to a matter considered by the
Council or special committee at a
meeting closed to members of the
public and the Council or special
committee has not passed a resolution
20 that the information is not confidential;
or
(b) the information has been designated as
confidential information by a resolution
of the Council or a special committee
25 which specifies the relevant ground or
grounds applying under section 89(2)
and the Council or special committee
has not passed a resolution that the
information is not confidential; or
30 (c) subject to sub-section (3), the
information has been designated in
writing as confidential information by
the Chief Executive Officer specifying
the relevant ground or grounds
35 applying under section 89(2) and the
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Council has not passed a resolution that
the information is not confidential.
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(3) Confidential information referred to in sub-
section (2)(c) ceases to be confidential at the
5 expiry of the period of 50 days after the
designation is made unless sub-section (2)(a)
or (2)(b) applies to the information.'.
60. New sections 77A and 77B inserted
After section 77 of the Local Government Act
10 1989 insert--
"77A. Disclosure of interests
(1) Subject to sub-section (3), a Councillor or a
member of a special committee has an
interest in a matter in which the Council is
15 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.
(2) This sub-section applies if, were the matter
20 to be decided in a particular manner, the
Councillor or member, or a person with
whom the Councillor or member is closely
associated--
(a) would receive or have a reasonable
25 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
30 indirect pecuniary or non-pecuniary
detriment; or
(c) could be reasonably perceived as--
(i) receiving a direct or indirect
pecuniary or non-pecuniary
35 benefit; or
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(ii) suffering a direct or indirect
pecuniary or non-pecuniary
detriment.
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(3) A Councillor or a member of a special
5 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
10 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
15 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
20 meeting.
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,
25 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
30 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
35 contract or other matter.".
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61. Amendment of section 78--pecuniary interests
(1) In section 78 of the Local Government Act 1989,
Victorian Legislation and Parliamentary Documents
for "de facto spouse" (wherever occurring)
substitute "domestic partner".
5 (2) In section 78(3) of the Local Government Act
1989, after "he or she" insert ", or his or her
spouse or domestic partner,".
(3) After section 78(3) of the Local Government Act
1989 insert--
10 '(4) In this section, "domestic partner" of a
person means an adult person to whom the
person is not married but with whom the
person is in a relationship as a couple where
one or each of them provides personal or
15 financial commitment and support of a
domestic nature for the material benefit of
the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
20 provides domestic support and personal care
to the person--
(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a government
25 or government agency, a body
corporate or a charitable or benevolent
organisation).
(5) For the purposes of the definition of
"domestic partner" in sub-section (4)--
30 (a) in determining whether persons are
domestic partners of each other, all the
circumstances of their relationship are
to be taken into account, including any
one or more of the matters referred to in
35 section 275(2) of the Property Law
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Act 1958 as may be relevant in a
particular case;
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(b) a person is not a domestic partner of
another person only because they are
5 co-tenants.'.
62. Section 79 substituted
For section 79 of the Local Government Act
1989 substitute--
"79. Disclosure of conflict of interest
10 (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
15 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
20 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
25 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.
(2) The Councillor or member of the special
30 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.
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(3) The Councillor or member of the special
committee may take part in the consideration
or discussion but cannot move or second a
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motion on any question relating to the
5 contract, proposed contract or other matter.
(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--
10 (a) leave the room and notify the Mayor or
the Chairperson of the special
committee that he or she is doing so;
and
(b) remain outside the room and any
15 gallery or other area in view or hearing
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
20 the Chairperson of the special committee
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
25 committee discloses a conflict of interest, the
Chief Executive Officer or the Chairperson
of the special committee must record the
declaration and the nature of the conflict of
interest in the minutes of the meeting at
30 which the consideration or discussion took
place.
(7) Unless sub-section (8) or section 80 applies,
a Councillor or member of a special
committee who fails to comply with this
35 section is guilty of an offence.
Penalty: 100 penalty units.
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(8) It is a defence to a prosecution if the
Councillor or member of the special
committee proves that he or she did not
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know--
5 (a) that he or she had a conflict of interest
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
10 she had a conflict of interest was
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--
15 (a) any question whether the amount
payable for goods or services
previously supplied or provided under
any contract should be paid from
money held by the Council; or
20 (b) the election of a Councillor to be the
Mayor; or
(c) any question whether an application
should be made to the Minister for the
exercise of the powers conferred by
25 section 80.".
63. 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--
30 "Penalty: 50 penalty units.";
(b) at the foot of sub-section (4) insert--
"Penalty: 50 penalty units.";
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(c) at the foot of sub-section (5) insert--
"Penalty: 50 penalty units.";
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(d) at the foot of sub-section (6) insert--
"Penalty: 50 penalty units.";
5 (e) sub-section (6A) is repealed;
(f) in sub-section (7)(e), for "$2000" substitute
"$500".
64. New section 84A inserted--First meeting after a
general election
10 After section 84 of the Local Government Act
1989 insert--
"84A. First meeting after a general election
The Chief Executive Officer may summon a
special meeting of the Council within
15 14 days after the day the returning officer for
a general election publicly declares the result
of the election.".
65. Conduct of meetings
(1) After section 91(3) of the Local Government Act
20 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
25 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;
30 (b) be clearly expressed;
(c) be self-explanatory;
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(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
5 process.".
66. New section 93A inserted
After section 93 of the Local Government Act
1989 insert--
'93A. Conduct of Council during election period
10 (1) Subject to this section, a Council, a special
Committee or a person acting under a
delegation given by the Council must not
make a major policy decision during the
election period for a general election.
15 (2) If a Council considers that there are
extraordinary circumstances which require
the making of a major policy decision during
the election period, the Council may apply in
writing to the Minister for an exemption
20 from the application of this section to the
major policy decision specified in the
application.
(3) If the Minister is satisfied that there are
extraordinary circumstances, the Minister
25 may grant an exemption from the application
of this section to the major policy decision
specified in the application subject to any
conditions or limitations that the Minister
considers appropriate.
30 (4) A major policy decision made in
contravention of this section is invalid.
(5) Any person who suffers any loss or damage
as a result of acting in good faith on a major
policy decision made in contravention of this
35 section is entitled to compensation from the
Council for that loss or damage.
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(6) In this section, a "major policy decision"
means any decision--
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(a) relating to the employment or
remuneration of a Chief Executive
5 Officer under section 94, other than a
decision to appoint an acting Chief
Executive Officer;
(b) to terminate the appointment of a Chief
Executive Officer under section 94;
10 (c) to enter into a contract the total value of
which exceeds whichever is the greater
of $100 000 or 1% of the Council's
revenue from rates in the preceding
financial year;
15 (d) to exercise any power under section
193 if the sum assessed under section
193(5A) in respect of the proposal
exceeds whichever is the greater of
$100 000 or 1% of the Council's
20 revenue from rates in the preceding
financial year.'.
67. Section 95 substituted
For section 95 of the Local Government Act
1989 substitute--
25 "94C. Employment principles
A Council must establish employment
processes that will ensure that--
(a) employment decisions are based on
merit;
30 (b) employees are treated fairly and
reasonably;
(c) equal employment opportunity is
provided;
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(d) employees have a reasonable avenue of
redress against unfair or unreasonable
treatment.
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94D. Duty of Chief Executive Officer
5 The Chief Executive Officer must give
Council staff an opportunity to apply for any
vacant permanent full-time Council staff
position that the Chief Executive Officer
intends to fill.
10 95. Conduct principles
(1) Council staff must in the course of their
employment--
(a) act impartially;
(b) act with integrity including avoiding
15 real or apparent conflicts of interest;
(c) accept accountability for results;
(d) provide responsive service.
(2) Nothing in sub-section (1)(c) affects the
granting of an indemnity to a member of
20 Council staff in respect of any liability or
limits the effect of--
(a) any such indemnity, whether granted
before or after the commencement of
section 67 of the Local Government
25 (Democratic Reform) Act 2003; or
(b) any immunity conferred on a member
of Council staff by or under any Act,
whether before or after that
commencement.".
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68. Amendments consequential to changes in section 67
(1) In section 3(1) of the Local Government Act
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1989, for the definitions of "senior officer" and
"total remuneration" substitute--
5 ' "senior officer" means--
(a) the Chief Executive Officer;
(b) any officer who has management
responsibilities and reports directly to
the Chief Executive Officer;
10 (c) any other member of Council staff
whose total annual remuneration
exceeds $100 000 or a higher amount
prescribed for the purposes of this
definition;
15 "total annual remuneration", in relation to a
member of Council staff, means the total
remuneration package to which the member
is entitled for a financial year, including--
(a) the gross annual salary; and
20 (b) the annual cost in dollars to the Council
of any other allowance, benefit or
remuneration that the member of
Council staff receives from the Council
or that is paid or given by the Council
25 to another person for the ultimate
benefit of the member of Council staff
(other than any allowances in relation
to expenses incurred in the course of
employment) including--
30 (i) any contribution made by the
Council to a superannuation fund
on behalf of the member of
Council staff; and
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(ii) the annual value of any motor
vehicle provided by the Council to
the member of Council staff;'.
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(2) Sections 97C and 99 of the Local Government
5 Act 1989 are repealed.
69. New section 94AB inserted
After section 94A of the Local Government Act
1989 insert--
'94AB. Transitional provision relating to senior
10 officers
(1) This section applies to a member of Council
staff who only becomes a senior officer
because of--
(a) the change to the definition of "senior
15 officer" made by section 68(1) of the
Local Government (Democratic
Reform) Act 2003; or
(b) an increase in the total annual
remuneration of the member arising out
20 of an entitlement or from a process
which applies generally to a class or
category of Council staff.
(2) If this section applies to a member of
Council staff--
25 (a) the provisions of this Act, other than
sections 94B and 95A, relating to
senior officers apply to the member of
Council staff from the time that the
member becomes a senior officer; and
30 (b) sections 94B and 95A do not apply to
the member of Council staff unless--
(i) a substantial change is proposed to
the duties of the member's current
position; or
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(ii) an increase to the total annual
remuneration of the member is
proposed which does not arise out
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of an entitlement or from a
5 process which applies generally to
a class or category of Council
staff.'.
70. Delegations
(1) In section 98(1)(c) of the Local Government Act
10 1989 omit "except as provided in section 149".
(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--
15 (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 within the period of
12 months after a general election all
20 delegations which are in force and have been
made by the Council under sub-section (1).".
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PART 5--RESOURCE ACCOUNTABILITY
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71. 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) by 30 June 2004; and
(b) within the period of 6 months after each
general election or by the next 30 June,
whichever is later.
(2) A Council Plan must include--
15 (a) the strategic objectives of the Council;
(b) strategies for achieving the objectives
for at least the next 4 years;
(c) strategic indicators for monitoring the
achievement of the objectives;
20 (d) a Strategic Resource Plan containing
the matters specified in section 126;
(e) any other matters which are prescribed
by the regulations.
(3) A person has a right to make a submission
25 under section 223 on the proposed Council
Plan.
(4) The Minister may extend the period within
which a Council must comply with sub-
section (1).
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(5) A Council must submit a copy of the Council
Plan to the Minister by the date specified in
sub-section (1) or applying under sub-
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section (4).
5 (6) If a Council fails to submit a Council Plan to
the Minister within the time allowed, the
Minister must ensure that details of the
failure are published in the annual report of
the Department for Victorian Communities.
10 (7) At least once in each financial year, a
Council must consider whether the current
Council Plan requires any adjustment in
respect of the remaining period of the
Council Plan.
15 (8) Subject to sub-sections (9) and (10), a
Council may make any adjustment it
considers necessary to the Council Plan.
(9) A person has a right to make a submission