Victorian Consolidated Legislation

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CITY OF MELBOURNE ACT 2001 - NOTES

No. 5 of 2001
Version incorporating amendments as at 1 July 2007

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 22 March 2001
Legislative Council: 1 May 2001
The long title for the Bill for this Act was "A Bill to alter the electoral structure of the City of Melbourne, to provide for the direct election of a Lord Mayor and a Deputy Lord Mayor, to facilitate an early election of the members of the Melbourne City Council and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 5 April 2001, 3 May 2001
Legislative Council: 3 May 2001
The City of Melbourne Act 2001 was assented to on 8 May 2001 and came into operation as follows:
Sections 1 and 2 on 9 May 2001: section 2(1); rest of Act on 9 May 2001: Special Gazette (No. 67) 9 May 2001 page 1.
2. Table of Amendments
This Version incorporates amendments made to the City of Melbourne Act 2001 by Acts and subordinate instruments.
-------------------------------------------------------------
Electoral Act 2002, No. 23/2002
Assent Date:
12.6.02
Commencement Date:
S. 188 on 1.9.02: Government Gazette 29.8.02 p. 2333
Current State:
This information relates only to the provision/s amending the City of Melbourne Act 2001
Local Government (Democratic Reform) Act 2003, No. 109/2003
Assent Date:
9.12.03
Commencement Date:
Ss 95(1)(2), 96, 99, 102-104 on 10.12.03: Special Gazette (No. 230) 10.12.03 p. 3; ss 94, 95(3), 97, 98, 100, 101 on 31.12.04: s. 2(4)
Current State:
This information relates only to the provision/s amending the City of Melbourne Act 2001
City of Melbourne (Amendment) Act 2005, No. 29/2005
Assent Date:
21.6.05
Commencement Date:
22.6.05: s. 2
Current State:
All of Act in operation
City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006
Assent Date:
10.10.06
Commencement Date:
Ss 3-5 on 1.7.07: Government Gazette 28.6.07 p. 1303
Current State:
This information relates only to the provision/s amending the City of Melbourne Act 2001
Justice Legislation (Further Amendment) Act 2006, No. 79/2006
Assent Date:
10.10.06
Commencement Date:
S. 85 on 1.7.06:  s. 2(4)
Current State:
This information relates only to the provision/s amending the City of Melbourne Act 2001
-------------------------------------------------------------
3. Explanatory Details
No entries at date of publication.



















INDEX

Subject

Section

Act

	commencement
2
	purpose
1
	relationship with Local Government Act 1989
4
	repeals and savings
31-32
Authority See Victorian Urban Development Authority

Ballot papers
Schs 1, 2
By-elections
11C, 16, 18, 
Schs 1, 2
Candidates See Elections

Chief Executive Officer

	powers, duties regarding voters' rolls, lists

amendments to
11E
certification
11D
enrolment of representatives of corporations
9D, 9H
more than 2 non-resident owners, occupiers
9F
information for Registrar
11-11A, 11D
inspection
11F
notice to persons enrolled
11C
powers in general
9I
provision of copies of
11G
requests that address not be shown
10
City of Melbourne
3, 5A, 6
Committee See Docklands Co-ordination Committee

Co-ordination areas
27A, 27K
Corporations

	persons appointed to vote on behalf of

enrolment by CEO
9D
failure to vote
19
general entitlements
9C
notices regarding
9H, 9J, 11C
revocation, voiding of appointments
9G
transitional provisions
9
Council

	acting Deputy Lord Mayor
25
	allowances
26-27, 32
	constitution
6
	definition
3
	delegation of functions to Docklands Co-ordination Committee

27I
	delegation of powers, functions to Lord Mayor
25A
	Deputy Lord Mayor
20, 22-24, 26
	Lord Mayor
20-21, 23-24, 25A, 26
	meetings of
20
	meetings with State
8



Subject

Section

	objectives
7
	rates
28, 32
	vacancies in offices
24-25
See also Docklands Co-ordination Committee

Definitions
3, 27A
Deputy Lord Mayor

	acting Deputy Lord Mayor
25
	allowances
26
	definition
3
	election of
14-16, 18, 24
	functions, duties, powers
8, 20, 22
	term of office
23
	vacancies
24
Docklands Co-ordination Committee

	Chairperson
27F
	constitution
27C
	definition of Committee
27A
	delegation of Council functions to
27I
	deputy members
27D
	establishment
27B
	functions
27J
	procedure
27H
	quorum
27G
	removal from office
27E
	voting
27H
Elections

	ballot papers
Schs 1, 2
	by-elections
11C, 16, 18, 
Schs 1, 2
	candidates
14A, 16
	compulsory voting
19
	councillors
16-18, 24, 
Schs 1, 2
	counting of votes
18
	Deputy Lord Mayor
14-16, 18, 24
	election day (def.)
3
	general elections
12
	Lord Mayor
14-16, 18, 24
	simultaneous elections
14, 16
	vacancies in offices
24
See also Voters' rolls

Electoral Commission (def.)
3
See also Victorian Electoral Commission

Exhibition rolls See Voters' rolls

Local Government Act 1989

	application to

City of Melbourne and Council
5
Docklands Co-ordination Committee
27B
elections
18, 19
Lord Mayor
21
regulations
29
vacancies in office of Councillor
24
Subject

Section

	continuation of Orders made under
32
	relationship to this Act
4
Lord Mayor

	allowances
26
	application of Local Government Act 1989 to
21
	delegation of Council's powers, functions to
25A
	election
14-16, 18, 24
	definition
3
	meetings between Council and State
8
	precedence
20
	term of office
23
	vacancies
24
Meetings between Council and State
8
Offences
9J, 11G
Owners and occupiers
9A-9B, 9F
See also Corporations

Polls of voters
11C, 11D, 11G
Privacy Commissioner
3, 11G
Rateable property (def.)
3
See also Owners and occupiers

Rates
28, 32
Registrar
3, 11B-11D
Regulations
29
Repeals and savings
31-32
Victorian Electoral Commission
11, 11D-11E
Victorian Urban Development Authority
3, 27K
Voters' rolls

	amendment
11E
	closure, certification
11D
	copies of
11G
	enrolment on

applications
9B
changes in, cessation of entitlement
9J
Chief Executive Officer's general powers
9I
general entitlements
9
limitations on right of entitlement
9E
more than 2 non-resident owners, occupiers
9F
refusal
9I
representatives of corporations
9, 9C-9D, 9G-9H, 9J, 11C, 19
without application
9A
	entitlement date (def.)
3, 11C
	exhibition rolls
3, 11B-11D
	inspection
11F
	notices regarding
11C
	objections to
11C
	preparation
11D
	requests that address not be shown on
10
	voters' lists
11-11A

??

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City of Melbourne Act 2001
No. 5 of 2001