Victorian Consolidated Legislation

City of Melbourne Act 2001 - SECT 14A

Qualification to be a Councillor

14A. Qualification to be a Councillor



(1) Section 28 of the Local Government Act 1989 applies as if for subsections
(1), (1A) and (1B) there were substituted-



"(1) A person is qualified to be a candidate for the office of Councillor if
he or she has an entitlement referred to in section 9 of the City of Melbourne
Act 2001.

(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 and a
voters' roll prepared, subsection (1) would apply to that person.

(1B) Despite subsection (1), a person who is qualified to be, and is, a
Councillor, immediately before the commencement of section 100 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 to the City of Melbourne Act 2001 by section 100
of the Local Government (Democratic Reform) Act 2003.".

(2) Clause 6 of Schedule 2 of the Local Government Act 1989 applies as if for
subclause (3A) there were substituted-



"(3A) The returning officer must reject 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 person is entitled to
be enrolled being an entitlement other than under section 9A(1) or 9A(2).".