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CONSTITUTION ACT 1975 - SECT 74A Local government

CONSTITUTION ACT 1975 - SECT 74A

Local government

S. 74A(1) substituted by No. 2/2003 s. 18.

    (1)     Local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.

S. 74A(1A) inserted by No. 2/2003 s. 18.

    (1A)     Subject to section 74B, each Council—

        (a)     is responsible for the governance of the area designated by its municipal boundaries; and

        (b)     is constituted by democratically elected Councillors as the governing body which is—

              (i)     accountable for its decisions and actions; and

              (ii)     responsible for ensuring good governance; and

        (c)     includes an administration which—

              (i)     implements the decisions of the Council; and

              (ii)     facilitates the performance of the duties and functions of the Council.

    (2)     An elected Council does not have to be constituted in respect of any area in Victoria—

        (a)     which is not significantly and permanently populated; or

        (b)     in which the functions of local government are carried out by or under arrangements made by a public statutory body which is carrying on large-scale operations in the area.

S. 74B substituted by No. 55/1988 s. 3.