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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Regional Development Victoria Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Regional Development Victoria 2
5. Functions and powers of Regional Development Victoria 3
6. Chief Executive 4
7. Functions, powers and duties of Chief Executive 5
8. Delegation 6
9. Acting Chief Executive 6
10. Ministerial directions 7
11. Regional Development Advisory Committee 8
12. Functions of Regional Development Advisory Committee 8
13. Terms and conditions of appointment of Committee members 9
14. Meetings of the Committee 9
15. Reporting 9
__________________
SCHEDULE--Councils 11
ENDNOTES 12
INDEX 13
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PARLIAMENT OF VICTORIA
Initiated in Assembly 12 September 2002
A BILL
to establish a body to facilitate economic and community development
in rural and regional Victoria to be known as Regional Development
Victoria and for other purposes.
Regional Development Victoria Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to establish a
body to facilitate economic and community
development in rural and regional Victoria to be
5 known as Regional Development Victoria.
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Regional Development Victoria Act 2002
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 July 2003, it comes into
operation on that day.
3. Definitions
In this Act--
"Acting Chief Executive" means the person who
10 is appointed under section 9 to be Acting
Chief Executive of Regional Development
Victoria;
"agency" has the same meaning as in the Public
Sector Management and Employment Act
15 1998;
"Chief Executive" means the Chief Executive of
Regional Development Victoria appointed
under section 6;
"rural and regional Victoria" has the same
20 meaning as "regional Victoria" in the
Regional Infrastructure Development
Fund Act 1999.
4. Regional Development Victoria
(1) There is established a body to be known as
25 Regional Development Victoria.
(2) Regional Development Victoria consists of--
(a) the Chief Executive of Regional
Development Victoria;
(b) all persons employed under Part 3 of the
30 Public Sector Management and
Employment Act 1998 in an agency who
are--
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Regional Development Victoria Act 2002
s. 5
Act No.
(i) seconded to Regional Development
Victoria; or
(ii) transferred to duties in Regional
Development Victoria; or
5 (iii) assigned work in Regional
Development Victoria.
5. Functions and powers of Regional Development
Victoria
(1) Regional Development Victoria has the following
10 functions--
(a) facilitate new investment in rural and
regional Victoria;
(b) facilitate the operation and growth of
existing businesses in rural and regional
15 Victoria;
(c) facilitate the creation of jobs within the
private and public sector in rural and
regional Victoria;
(d) propose rural and regional infrastructure
20 development opportunities;
(e) facilitate the co-ordinated delivery of
government programs, services and
resources in rural and regional Victoria;
(f) facilitate consultation between the public and
25 private sector and communities about
economic and community development in
rural and regional Victoria;
(g) administer money paid out of the Regional
Infrastructure Development Fund in
30 accordance with the Regional
Infrastructure Development Fund Act
1999;
(h) promote rural and regional Victoria as a
place to invest, work and live in;
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Regional Development Victoria Act 2002
s. 6
Act No.
(i) report to the Minister about the state of rural
and regional Victoria having regard to
economic, social and environmental factors;
(j) advise the Minister generally about matters
5 relating to development in rural and regional
Victoria and about any particular matters
referred to the body by the Minister;
(k) any other function that the Minister directs it
in writing to perform;
10 (l) any other function under this or any other
Act.
(2) Regional Development Victoria has power to do
all things necessary or convenient to be done for
or in connection with the performance of its
15 functions.
(3) Without limiting sub-section (2), Regional
Development Victoria may--
(a) request assistance or information from any
public authority within the meaning of the
20 Public Sector Management and
Employment Act 1998;
(b) engage consultants to assist it in the
performance of its functions and the exercise
of its powers.
25 6. Chief Executive
(1) For the purposes of this Act, there is to be a Chief
Executive of Regional Development Victoria.
(2) The Governor in Council may appoint a person to
be Chief Executive.
30 (3) The Chief Executive holds office for a term, not
exceeding 3 years, specified in his or her
instrument of appointment, but is eligible for
reappointment for a term not exceeding 3 years.
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Regional Development Victoria Act 2002
s. 7
Act No.
(4) The Governor in Council may specify the terms
and conditions of appointment in the Chief
Executive's instrument of appointment.
(5) The Chief Executive is entitled to be paid the
5 remuneration and allowances that are fixed from
time to time by the Governor in Council.
(6) The Chief Executive ceases to hold office if he or
she is convicted of an indictable offence or an
offence which if committed in Victoria would be
10 an indictable offence.
(7) The Governor in Council may remove the Chief
Executive from office if he or she has refused,
neglected or failed to carry out his or her duties or
has demonstrated inefficiency or misbehaviour in
15 carrying out his or her duties.
(8) The Chief Executive may at any time resign by
writing signed and delivered to the Governor in
Council.
7. Functions, powers and duties of Chief Executive
20 (1) The Chief Executive has all the functions and may
exercise all of the powers of Regional
Development Victoria.
(2) The Chief Executive must advise the Minister
about the development and implementation of
25 economic and community development policy for
rural and regional Victoria.
(3) If the Minister gives written directions to the
Chief Executive to perform his or her functions
and exercise his or her powers in, and in relation
30 to, a municipal district of a Council referred to in
the Schedule the Chief Executive's functions and
powers extend and apply to those districts.
(4) The Chief Executive is responsible to the
Secretary of the Department of Innovation,
35 Industry and Regional Development for the
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Regional Development Victoria Act 2002
s. 8
Act No.
general conduct and management of the functions
and activities of Regional Development Victoria
and must advise the Secretary in all matters
relating to that conduct and management.
5 8. Delegation
The Chief Executive, by instrument in writing,
may delegate to any person employed under the
Public Sector Management and Employment
Act 1998 any power under this Act, other than
10 this power of delegation.
9. Acting Chief Executive
(1) The Minister may appoint an Acting Chief
Executive--
(a) during a vacancy in the office of Chief
15 Executive; or
(b) during any period when the Chief Executive
is absent or, for any reason, is unable to
perform the functions of Chief Executive.
(2) The Minister may--
20 (a) appoint an Acting Chief Executive for a
period not exceeding 6 months;
(b) determine the terms and conditions of
appointment of the Acting Chief Executive;
(c) terminate the appointment of the Acting
25 Chief Executive at any time.
(3) An Acting Chief Executive is entitled to receive
the remuneration and allowances that the Chief
Executive would have been entitled to for
performing the duties of office.
30 (4) While a person is acting in the office of the Chief
Executive in accordance with sub-section (1), the
Acting Chief Executive has all the functions and
powers of the Chief Executive.
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Regional Development Victoria Act 2002
s. 10
Act No.
(5) If a person is acting in the office of Chief
Executive in accordance with sub-section (1)(b)
and that office becomes vacant while that person
is so acting, that person may continue to so act
5 until the first of the following happens--
(a) the Minister otherwise directs;
(b) the vacancy is filled;
(c) 6 months after the date on which the vacancy
occurred.
10 (6) The validity of anything done by or in relation to a
person purporting to act in the office of Chief
Executive under an appointment made under sub-
section (1) shall not be called in question on the
ground that--
15 (a) the occasion for his or her appointment has
not arisen; or
(b) that there is a defect or irregularity in or in
connection with his or her appointment; or
(c) that the appointment had ceased to have
20 effect; or
(d) that the occasion for him or her to act had
not arisen or had ceased.
10. Ministerial directions
(1) The Minister may give written directions to
25 Regional Development Victoria and the Chief
Executive about the performance of the functions
of Regional Development Victoria.
(2) Without limiting sub-section (1), the Minister may
give written directions to the Chief Executive to
30 perform his or her functions and exercise his or
her powers in, and in relation to, a municipal
district of a Council referred to in the Schedule.
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Regional Development Victoria Act 2002
s. 11
Act No.
11. Regional Development Advisory Committee
(1) There is to be a Regional Development Advisory
Committee.
(2) The Regional Development Advisory Committee
5 consists of--
(a) the Chief Executive who is to be
Chairperson; and
(b) no more than 6 other members appointed by
the Governor in Council on the
10 recommendation of the Minister.
(3) The Governor in Council may appoint one of the
members of the Committee to be Deputy
Chairperson.
(4) The Minister, in recommending people to be
15 members of the Committee, must ensure that--
(a) the majority of members are from rural and
regional Victoria;
(b) the members of the Committee have between
them skills and knowledge in economic
20 development, community development,
finance and marketing;
(c) at least one person represents employers;
(d) at least one person represents employees.
12. Functions of Regional Development Advisory
25 Committee
The functions of the Regional Development
Advisory Committee are to--
(a) advise the Minister generally about matters
relating to economic and community
30 development in rural and regional Victoria
and about any particular matters referred to
the Committee by the Minister;
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Regional Development Victoria Act 2002
s. 13
Act No.
(b) support the Minister in promoting rural and
regional Victoria as a place to invest, work
and live in.
13. Terms and conditions of appointment of Committee
5 members
(1) A member of the Committee holds office for a
term not exceeding 3 years specified in his or
instrument of appointment and is eligible for
re-appointment.
10 (2) A member of the Committee is entitled to be paid
the remuneration and allowances that are fixed
from time to time by the Governor in Council.
(3) A member of the Committee may at any time
resign by writing signed and delivered to the
15 Minister.
14. Meetings of the Committee
(1) Meetings of the Committee must be held at least
4 times a year at places in Melbourne and rural
and regional Victoria determined by the
20 Committee.
(2) The Chairperson must preside at any meeting of
the Committee at which he or she is present.
(3) If the Chairperson is absent a member elected by
the members present must preside.
25 (4) A majority of members currently in office
constitutes a quorum for a meeting of the
Committee.
15. Reporting
(1) Regional Development Victoria must, within
30 3 months after the end of a financial year, submit
a report to the Minister relating to the operation
and performance of Regional Development
Victoria as if it were an annual report of
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Regional Development Victoria Act 2002
s. 15
Act No.
operations under Part 7 of the Financial
Management Act 1994.
(2) The Minister must cause the report to be laid
before each House of the Parliament on or before
5 31 October each year or, if a House is not then
sitting, on the first sitting day of that House after
31 October.
__________________
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Regional Development Victoria Act 2002
Sch.
Act No.
SCHEDULE
COUNCILS
Cardinia Shire Council
Casey City Council
5 Hume City Council
Melton Shire Council
Mornington Peninsula Shire Council
Nillumbik Shire Council
Whittlesea City Council
10 Wyndham City Council
Yarra Ranges Shire Council
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Regional Development Victoria Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Regional Development Victoria Act 2002
Act No.
INDEX
Subject Section
Act
commencement 2
purpose 1
Chief Executive
acting Chief Executive 3, 9
appointment 6
Chairperson of Regional Development Advisory
Committee 11, 14
definition 3
delegation 8
directions from Minister 10
functions, powers, duties 7
removal, resignation 6
remuneration 6
term of office 6
3
Definitions
Minister
advice from Chief Executive to 7
powers and duties regarding
appointment of acting Chief Executive 9
directions to Chief Executive 10
directions to Regional Development Victoria 10
Regional Development Advisory Committee 11
reports from Regional Development Victoria 15
10, Sch.
Municipal councils
Regional Development Advisory Committee
Chairperson 11, 14
Deputy Chairperson 11
establishment 11
functions 12
meetings 14
membership 11
terms and conditions of members 13
Regional Development Victoria
directions from Minister 10
establishment 4
functions, powers 5
reports to Minister 15
See also Chief Executive
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