Victorian Consolidated Legislation

Local Government Act 1989 - SECT 3

Definitions

3. Definitions



(1) In this Act-

accounts and records includes-

   (a)  the financial statements; and

   (b)  notes attached to, or intended to be read with, the financial
        statements; and

   (c)  any working papers and other documents which are necessary to explain
        the financial statements; and

   (d)  invoices, receipts, orders for the payment of money, bills of
        exchange, promissory notes, vouchers and other documents of prime
        entry;

* * * * *



auditor means the Auditor-General;



authorised deposit-taking institution has the same meaning as in the
Banking Act 1959 of the Commonwealth;



* * * * *





* * * * *



capital improved value means the sum which land, if it were held for an estate
in fee simple unencumbered by any lease, mortgage or other charge, might be
expected to realize at the time of valuation if offered for sale on any
reasonable terms and conditions which a genuine seller might in ordinary
circumstances be expected to require;

Chief Executive Officer means the person appointed by a Council to be its
Chief Executive Officer or any person acting in that position;



* * * * *











corporation includes-

   (a)  any body corporate, whether formed or incorporated within or outside
        the State of Victoria; and

* * * * *

   (c)  any incorporated association within the meaning of the
        Associations Incorporation Act 1981- but does not include a Council or
        any other body incorporated or constituted by or under this Act or any
        public statutory corporation constituted by or under any law of the
        State of Victoria, any other State or Territory of the Commonwealth or
        the Commonwealth;

Council means a municipal council (including the Council of the City of
Melbourne and the Council of the City of Geelong) whether constituted before
or after the commencement of this section;

Councillor means a person who holds the office of member of a Council;
Councillor Code of Conduct means the code of conduct developed by a Council
under section 76C;

Councillor conduct principles means the principles specified in sections 76B
and 76BA;



* * * * *

Department means the Department of Planning and Community Development;



* * * * *



disposition of property means any 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;

   (c)  the grant or creation of any lease, mortgage, charge, servitude,
        licence, power, partnership or interest in property;

   (d)  the release, discharge, surrender, 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 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 the value of the property of any other
        person; election day means-

   (a)  in the case of an election, the day of an election determined under
        section 31 or 38;

   (b)  in the case of a poll of voters', the relevant date specified in the
        public notice under clause 16 of Schedule 3; election period, in
        relation to an election, means the period that-

   (a)  starts on the last day on which nominations for that election can be
        received; and

   (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 in a newspaper announcing the holding of a meeting;

Electoral Commission means any person or body that is authorised under the law
of the 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 Commonwealth;
entitlement date means-

   (a)  the day that is 57 days before the election day; or

   (b)  if the date determined under paragraph (a) is a public holiday, means
        the day which is the last working day before that day; exhibition roll
        means the roll prepared 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 100 days before election day and
        which is specified in an Order in Council for the purposes of this
        definition;

farm land has the same meaning as it has in the Valuation of Land Act 1960;

finance lease means a finance lease within the meaning of the Australian
Accounting Standards as issued by the Australian Accounting Research
Foundation;

financial year means the period of 12 months ending on 30 June each year;

gift means any disposition of property otherwise than by will made by a person
to another person without consideration in money or money's worth or with
inadequate consideration, including-

   (a)  the provision of a service (other than volunteer labour); and

   (b)  the payment of an amount in respect of a guarantee; and

   (c)  the making of a payment or contribution at a fundraising function;

how-to-vote card means any card, handbill, pamphlet or notice-

   (a)  which is or includes a representation or partial representation or
        purported representation or purported partial representation of a
        ballot-paper for use in an election; or

   (b)  which lists the names of any or all of the candidates for an election
        with a number indicating an order of voting preference against the
        names of any or all of those candidates;

local government panel means a panel established by the Minister under section
220A;



municipal district means the district under the local government of a Council;

municipal enterprise means any venture under section 193 or any trading or
entrepreneurial enterprise;

Order in Council means an Order made by the Governor with the advice of the
Executive Council and published in the Government Gazette;

owner in relation to any land, means the person who is entitled to receive the
rack-rent for the land or who, if the land were let at a rack-rent, would be
entitled to receive the rent;

person in relation to Divisions 1 to 7 of Part 3, means a person who has
attained the age of 18 years but does not include-

   (a)  a corporation; or

   (b)  a Council or any other body incorporated or constituted by or under
        this Act; or

   (c)  any public statutory corporation constituted by or under any law of
        the State of Victoria, any other State or Territory of the
        Commonwealth or the Commonwealth;

* * * * *

principles of sound financial management means the principles specified in
section 136;



printed electoral material means an advertisement, handbill, pamphlet or
notice that contains electoral matter;

Privacy Commissioner means the Privacy Commissioner appointed under the
Information Privacy Act 2000;





public body means any government department or municipal council or body
established for a public purpose by an Act of the Parliament of Victoria, any
other State or Territory of the Commonwealth, or the Commonwealth;

public highway is a road which is open to the public for traffic as a right,
irrespective of whether the road is in fact open to traffic, and includes a
road-

   (a)  declared to be a public highway under section 204(1) or under any
        other Act;

   (b)  which becomes a public highway under section 24(2)(c) of the
        Subdivision Act 1988;

   (c)  which is a public road under the Road Management Act 2004; public
        notice means a notice published in a newspaper generally circulating
        in the municipal district of the Council chosen for the purpose by-

   (a)  if the notice is required to be given by the Council, the Council;

   (b)  if the notice is required to be given by the Registrar, the Registrar;

   (c)  if the notice is required to be given by the returning officer, the
        returning officer; publish means publish by any means including by
        publication on the Internet;



rateable land means any land that is rateable under section 154;

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 but does not include an
occupancy that is used, or is intended to be used, for the sole purpose of-

   (a)  parking a single motor vehicle within the meaning of section 3(1) of
        the Road Safety Act 1986; or

   (b)  mooring a single vessel within the meaning of section 3(1) of the
        Marine Act 1988; or

   (c)  storage, being a single lockable unit with a floor area not exceeding
        25 square metres; Registrar means-

   (a)  the Chief Executive Officer; or

   (b)  if the Council has engaged an Electoral Commission to prepare the
        exhibition roll and the voters' roll, the relevant officer appointed
        in writing by the Electoral Commission to be the Registrar;

residential use land has the same meaning as it has in the
Valuation of Land Act 1960;



road includes-

   (a)  a street; and

   (b)  a right of way; and

   (c)  any land reserved or proclaimed as a street or road under the
        Crown Land (Reserves) Act 1978 or the Land Act 1958; and

   (ca) a public road under the Road Management Act 2004; and

   (d)  a passage; and

   (e)  a cul de sac; and

   (f)  a by-pass; and

   (g)  a bridge or ford; and

   (h)  a footpath, bicycle path or nature strip; and

   (i)  any culvert or kerbing or other land or works forming part of the
        road; Secretary means Secretary to the Department;

senior officer means-

   (a)  the Chief Executive Officer;

   (b)  any officer who has management responsibilities and reports directly
        to the Chief Executive Officer;

   (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; standard statements means the relevant standard
        statements in respect of Strategic Resource Plans, budgets and annual
        reports as prescribed by the regulations;

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

   (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 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-

   (i)  any contribution made by the Council to a superannuation fund on
        behalf of the member of Council staff; and

   (ii) the annual value of any motor vehicle provided by the Council to the
        member of Council staff;

tribunal is a reference to a municipal electoral tribunal established under
section 44;

unenrolled voter means a person who is entitled to be enrolled on a voter's
roll but is not so enrolled;

urban farm land has the same meaning as it has in the
Valuation of Land Act 1960;

Victorian Electoral Commission means the Victorian Electoral Commission
established under section 6 of the Electoral Act 2002;

voter means a person who is enrolled on a voters' roll; voting centre means a
place appointed by the returning officer for voting at an election as-

   (a)  an early voting centre;

   (b)  a mobile voting centre;

   (c)  an election day voting centre;

ward means a subdivision of a municipal district and includes a riding.

(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 behalf of the returning officer for the purposes of
conducting an election.

(1B) Without limiting the generality of the definition of electoral matter,
matter is to 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

   (c)  an issue submitted to, or otherwise before, the voters in connection
        with the election.

(2) For the purposes of-

   (a)  the performance of the functions or the exercise of the powers of a
        Council; and

   (b)  any proceedings for offences under the Transport Act 1983, the
        Road Management Act 2004 or the Road Safety Act 1986-

road includes a shopping mall.

(3) If the boundary of a municipal district is described by reference to a
road, proposed road, railway line, former railway line or waterway (other than
a waterway that forms part of the sea coast), that boundary is to be taken to
be constituted by a line along the centre for the time being of the road,
proposed road, railway line, former railway line or waterway.

(3A) If the boundary of a municipal district is described by reference to the
sea coast (regardless of whether it is referred to as the sea shore or the
waters of the sea or a bay or in any other way), that boundary is to be taken
to be the line for the time being of the low water mark on that sea coast.

(3B) Subsection (3) or (3A) does not apply if an intention contrary to the
effect of that subsection appears in the description.

(4) If a municipal district is not subdivided a reference to ward is to be
taken to be a reference to the municipal district.

(5) Where a Council is empowered to do any act, matter or thing, the decision
to do the act, matter or thing is to be made by a resolution of the Council.

_______________