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LOCAL GOVERNMENT ACT 1989 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of AAS inserted by No. 5/2014 s. 4(a).

"AAS" means the accounting standards published by the Australian Accounting Standards Board from time to time;

S. 3(1) def. of accounting records substituted as accounts and records by No. 109/2003 s. 72(1)(a), amended by No. 5/2014 s. 4(b).

"accounts and records" includes—

        (a)     the financial statements; and

        (b)     any additional 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;

S. 3(1) def. of accounts repealed by No. 109/2003 s. 72(1)(a).

    *     *     *     *     *

S. 3(1) def. of advisory committee inserted by No. 58/2010 s. 3(1).

"advisory committee" means any committee established by the Council, other than a special committee, that provides advice to—

        (a)     the Council; or

        (b)     a special committee; or

        (c)     a member of Council staff who has been delegated a power, duty or function of the Council under section 98;

S. 3(1) def. of assembly of Councillors inserted by No. 63/2012 s. 3(1).

"assembly of Councillors" (however titled) means a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be—

        (a)     the subject of a decision of the Council; or

        (b)     subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee—

but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation;

S. 3(1) def. of auditor inserted by No. 33/1995 s. 4(2)(a).

auditor means the Auditor-General;

S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 42.1(a)).

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

S. 3(1) def. of average
rate cap inserted by No. 65/2015 s. 3(1).

"average rate cap "means an amount expressed as a percentage amount, based on the change to CPI over the financial year to which the cap relates, plus or minus any adjustment;

S. 3(1) def. of bank repealed by No. 11/2001 s. 3(Sch. item 42.1(b)).

    *     *     *     *     *

S. 3(1) def. of base average
rate inserted by No. 65/2015 s. 3(1).

base average rate has the meaning given by section 185B;

S. 3(1) def. of base year inserted by No. 65/2015 s. 3(1).

"base year" means the financial year preceding the capped year;

S. 3(1) def. of Board repealed by No. 27/1997
s. 3(a).

    *     *     *     *     *

S. 3(1) def. of bullying inserted by No. 53/2015 s. 12(1).

"bullying" by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff;

"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;

S. 3(1) def. of capped average rate inserted by No. 65/2015 s. 3(1).

capped average rate has the meaning given by section 185C;

S. 3(1) def. of capped year inserted by No. 65/2015 s. 3(1).

"capped year" means the financial year specified in a general Order;

S. 3(1) def. of Chief Executive Officer inserted by No. 125/1993 s. 3(a), amended by No. 125/1993 s. 6(1).

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

S. 3(1) def. of Chief Municipal Inspector inserted by No. 53/2015 s. 39.

"Chief Municipal Inspector" means the person appointed under section 223A;

S. 3(1) def. of Commis-sioner for Privacy and Data Protection inserted by No. 60/2014 s. 140(Sch. 3 item 29.1(a)).

Commissioner for Privacy and Data Protection means the Commissioner for Privacy and Data Protection appointed under the Privacy and Data Protection Act 2014 ;

S. 3(1) def. of competitive tendering statement inserted by No. 40/1994 s. 4, repealed by No. 59/1999 s. 5(a).

    *     *     *     *     *

S. 3(1) def. of corporation amended by Nos 35/2008 s. 3(1), 20/2012 s. 226(Sch. 5 item 19).

"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 Reform Act 2012

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;

S. 3(1) def. of Councillor Code of Conduct inserted by No. 67/2008 s. 10.

"Councillor Code of Conduct "means the code of conduct developed by a Council under section 76C;

S. 3(1) def. of Councillor Conduct Panel inserted by No. 53/2015 s. 12(1).

"Councillor Conduct Panel "means a panel of 2 people selected by the Principal Councillor Conduct Registrar under section 81V;

S. 3(1) def. of Councillor conduct principles inserted by No. 67/2008 s. 10.

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

S. 3(1) def. of Council staff repealed by No. 125/1993 s. 3(b), new def. of Council staff inserted by No. 64/2009 s. 36(1).

"Council staff" means the persons who are members of Council staff;

S. 3(1) def. of CPI
inserted by No. 65/2015 s. 3(1).

"CPI" means the forecast Melbourne consumer price index, as published in the budget update prepared under the Financial Management Act 1994 ;

S. 3(1) def. of Department inserted by No. 67/2008 s. 10, amended by No. 53/2015 s. 12(2).

"Department" means the Department of Environment, Land, Water and Planning;

S. 3(1) def. of designated officer repealed by No. 125/1993 s. 3(b).

    *     *     *     *     *

S. 3(1) def. of disposition of property inserted by No. 109/2003 s. 31.

"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;

S. 3(1) def. of election day inserted by No. 109/2003 s. 12(1)(b).

"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;

S. 3(1) def. of election period inserted by No. 109/2003 s. 25(1), amended by No. 35/2008 s. 3(2).

"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;

S. 3(1) def. of electoral advertise-ment, handbill, pamphlet or notice inserted by No. 109/2003 s. 25(1).

"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;

S. 3(1) def. of Electoral Commission inserted by No. 109/2003 s. 33(1), repealed by No. 53/2015 s. 45(c).

    *     *     *     *     *

S. 3(1) def. of Electoral Com-missioner inserted by No. 53/2015 s. 45(a).

"Electoral Commissioner" means the Electoral Commissioner appointed under section 12 of the Electoral Act 2002 ;

S. 3(1) def. of entitlement date amended by Nos 13/1990 s. 5(2), 34/1996 s. 33(a), substituted by No. 109/2003 s. 12(1)(a).

"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;

S. 3(1) def of environmental upgrade agreement inserted by No. 39/2015 s. 3.

"environmental upgrade agreement "means an agreement entered into in accordance with section 181A;

S. 3(1) def of environmental upgrade charge inserted by No. 39/2015 s. 3.

"environmental upgrade charge" means a charge declared under section 181C;

S. 3(1) def. of Essential Services Commission inserted by No. 65/2015 s. 3(1).

"Essential Services Commission" has the same meaning as Commission has in the Essential Services Commission Act 2001 ;

S. 3(1) defs of exhibition roll, exhibition roll date inserted by No. 109/2003 s. 12(1)(b), repealed by No. 53/2015 s. 45(c).

    *     *     *     *     *

S. 3(1) def. of farm land inserted by No. 91/1994 s. 35(a).

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

S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 8.1).

"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;

S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 8.1).

"film permit" has the same meaning as in the Filming Approval Act 2014 ;

S. 3(1) def. of finance lease inserted by No. 109/2003 s. 72(1)(b).

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

S. 3(1) def. of financial statements inserted by No. 5/2014 s. 4(a).

"financial statements"—

        (a)     subject to paragraph (b), means the financial statements and the notes attached to, or intended to be read with, the financial statements prepared in accordance with the current AAS as it applies to the general purpose financial reports of local governments;

        (b)     in sections 126 and 127, means the financial statements referred to in paragraph (a) but does not include the notes referred to in that paragraph;

S. 3(1) def. of financial year substituted by No. 99/1994 s. 3(1).

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

S. 3(1) def. of general Order inserted by No. 65/2015 s. 3(1).

general Order means an Order made by the Minister under section 185D;

S. 3(1) def. of gift inserted by No. 109/2003 s. 31.

"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;

S. 3(1) def. of gift disclosure threshold inserted by No. 64/2009 s. 36(1), amended by No. 58/2010 s. 3(2)(a).

"gift disclosure threshold" means $500 or a higher amount or value prescribed by the regulations;

S. 3(1) def. of gross misconduct inserted by No. 53/2015 s. 12(1).

"gross misconduct" by a Councillor means behaviour that demonstrates that a Councillor is not of good character or is otherwise not a fit and proper person to hold the office of Councillor;

S. 3(1) def. of higher cap inserted by No. 65/2015 s. 3(1).

"higher cap "means an amount expressed as the average rate cap specified in a general Order plus an additional percentage amount in respect of that financial year;

"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;

S. 3(1) def. of IBAC inserted by No. 53/2015 s. 12(1).

"IBAC" means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011 ;

S. 3(1) def. of Integrity Minister inserted by No. 53/2015 s. 39.

"Integrity Minister" means the Minister administering section 223A;

S. 3(1) def. of internal resolution procedure inserted by No. 53/2015 s. 12(1).

"internal resolution procedure" means the procedure—

        (a)     specified in the Councillor Code of Conduct; and

        (b)     developed and maintained by a Council in accordance with section 81AA to address the matters specified in that section;

S. 3(1) def. of law enforcement agency inserted by No. 53/2015 s. 12(1).

"law enforcement agency" means—

        (a)     Victoria Police; or

        (b)     the police force or police service of another State or a Territory; or

        (c)     the Australian Federal Police; or

        (d)     the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or

        (e)     a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

        (f)     the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ; or

        (g)     the IBAC; or

        (h)     the sheriff within the meaning of the Sheriff Act 2009 ; or

              (i)     the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011 ; or

        (j)     an agency responsible for the performance of functions or activities directed to—

              (i)     the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

              (ii)     the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

        (k)     an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or

        (l)     an agency responsible for the protection of the public revenue under a law administered by it;

S. 3(1) def of lending body inserted by No. 39/2015 s. 3.

"lending body" means the person who advances funds under the environmental upgrade agreement;

S. 3(1) def. of local government panel inserted by No. 27/1997
s. 3(b).

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

S. 3(1) def. of member of Council staff inserted by No. 64/2009 s. 36(1).

"member of Council staff" means a natural person who is employed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) to enable—

        (a)     the functions of the Council under this Act or any other Act to be carried out;

        (b)     the Chief Executive Officer to carry out his or her functions;

Note

The Chief Executive Officer is also a member of Council staff—see section 94(2).

S. 3(1) def. of misconduct inserted by No. 53/2015 s. 12(1).

"misconduct" by a Councillor means any of the following—

        (a)     failure by a Councillor to comply with the Council's internal resolution procedure; or

        (b)     failure by a Councillor to comply with a written direction given by the Council under section 81AB; or

        (c)     repeated contravention of any of the Councillor conduct principles;

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

S. 3(1) def. of municipal enterprise amended by No. 109/2003 s. 7(1).

"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;

S. 3(1) def. of panel list inserted by No. 53/2015 s. 12(1).

"panel list" means the panel list established by the Minister under section 81U for the purposes of forming Councillor Conduct Panels;

S. 3(1) def. of person amended by Nos 109/2003 s. 12(1)(c), 35/2008 s. 3(3).

"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;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 99.1).

"police officer" has the same meaning as it has in the Vi c toria Police Act 2013 ;

S. 3(1) def. of prescribed repealed by No. 78/1991 s. 3(a).

    *     *     *     *     *

S. 3(1) def of primary parties inserted by No. 39/2015 s. 3.

"primary parties", in relation to an environmental upgrade agreement, means a Council, the lending body and the owner of the rateable land;

S. 3(1) def. of Principal Conduct Officer inserted by No. 53/2015 s. 12(1).

"Principal Conduct Officer "means the person appointed in writing by the Chief Executive Officer to be the Principal Conduct Officer for the Council under section 81Y;

S. 3(1) def. of Principal Councillor Conduct Registrar inserted by No. 53/2015 s. 12(1).

"Principal Councillor Conduct Registrar" means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 81S;

S. 3(1) def. of principles of sound financial management inserted by No. 109/2003 s. 72(1)(b).

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

S. 3(1) def. of printed electoral material substituted by No. 109/2003 s. 28(1).

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

S. 3(1) def. of Privacy Commis-sioner inserted by No. 109/2003 s. 12(1)(d), repealed by No. 60/2014 s. 140(Sch. 3 item 29.1(b)).

    *     *     *     *     *

"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;

S. 3(1) def. of public highway inserted by No. 125/1993 s. 21(a), amended by No. 12/2004 s. 143(1)(a).

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 ;

S. 3(1) def. of public notice substituted by No. 35/2008 s. 3(4), amended by No. 64/2009 s. 36(2).

"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;

Note

See also section 82A(2) which requires any public notice to be given by the Council to be published on the Internet website of the Council.

S. 3(1) def. of publish inserted by No. 109/2003 s. 25(1).

"publish" means publish by any means including by publication on the Internet;

S. 3(1) def. of rateable land inserted by No. 78/1991 s. 3(b).

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

S. 3(1) def. of rateable property inserted by No. 109/2003 s. 12(1)(d), amended by Nos 35/2008 s. 3(5), 65/2010
s. 420(Sch. 3 item 9), 65/2015 s. 3(2).

"rateable property" in relation to Division 1 of Part 3 or Part 8A, 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 Safety Act 2010 ; or

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

S. 3(1) def. of Registrar inserted by No. 109/2003 s. 12(1)(d), substituted by No. 53/2015 s. 45(b).

"Registrar" means—

        (a)     the Electoral Commissioner; or

        (b)     a person appointed in writing by the Electoral Commissioner;

S. 3(1) def. of residential use land inserted by No. 91/1994 s. 35(b).

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

S. 3(1) def. of returning officer inserted by No. 53/2015 s. 45(a).

"returning officer" means—

        (a)     the Electoral Commissioner; or

        (b)     a person appointed in writing by the Electoral Commissioner;

S. 3(1) def. of road substituted by No. 125/1993 s. 21(b), amended by No. 12/2004 s. 143(1)(b).

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;

S. 3(1) def. of Secretary inserted by No. 67/2008 s. 10.

"Secretary" means Secretary to the Department;

S. 3(1) def. of senior officer inserted by No. 125/1993 s. 3(c), substituted by No. 109/2003 s. 68(1), amended by Nos 64/2009 s. 36(3), 58/2010 s. 3(2)(b).

"senior officer" means—

        (a)     the Chief Executive Officer;

        (b)     a member of Council Staff who has management responsibilities and reports directly to the Chief Executive Officer;

        (c)     any other member of Council staff whose total remuneration exceeds $124 000 or a higher threshold amount specified by the Minister in accordance with section 97B;

S. 3(1) def. of serious misconduct inserted by No. 53/2015 s. 12(1).

"serious misconduct" by a Councillor means—

        (a)     the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to make a finding in respect of that Councillor; or

        (b)     the failure of a Councillor to give a Councillor Conduct Panel any information the Councillor Conduct Panel has requested the Councillor to give; or

        (c)     the failure of a Councillor to comply with a direction of a Councillor Conduct Panel; or

        (d)     continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by a Councillor Conduct Panel; or

        (e)     bullying of another Councillor or member of Council staff by a Councillor; or

        (f)     conduct by a Councillor in respect of a member of Council staff in contravention of section 76E; or

        (g)     the release of confidential information by a Councillor in contravention of section 77;

S. 3(1) def. of special committee inserted by No. 63/2012 s. 3(1).

"special committee" means—

        (a)     a committee established by a Council under section 86;

        (b)     a committee that exercises a power, or performs a duty or function, of the Council that has been delegated to that committee under any Act;

S. 3(1) def. of special Order inserted by No. 65/2015 s. 3(1).

"special Order" means an Order made by the Essential Services Commission under section 185E;

S. 3(1) def. of standard statements inserted by No. 109/2003 s. 72(1)(b), repealed by No. 5/2014 s. 4(c).

    *     *     *     *     *

S. 3(1) def. of total remuneration inserted by No. 125/1993 s. 3(c), substituted as total annual remuneration by No. 109/2003 s. 68(1).

"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;

S. 3(1) def. of unenrolled voter inserted by No. 15/1992 s. 25(2).

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

S. 3(1) def. of urban farm land inserted by No. 91/1994 s. 35(c).

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

S. 3(1) def. of Victorian Electoral Commission inserted by No. 23/2002 s. 198(1).

"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;

S. 3(1) def. of voting centre inserted by No. 109/2003 s. 29(a).

"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.

S. 3(1A) inserted by No. 109/2003 s. 25(2).

    (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.

S. 3(1B) inserted by No. 109/2003 s. 25(2).

    (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

S. 3(2)(b) amended by Nos 12/2004 s. 143(2), 6/2010 s. 203(1)(Sch. 6 item 29.1) (as amended by No. 45/2010 s. 22).

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

"road" includes a shopping mall.

S. 3(3) amended by No. 81/1989 s. 3(Sch.
item 30.1), substituted by No. 33/1995 s. 8.

    (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.

S. 3(3A) inserted by No. 33/1995 s. 8,
amended by No. 76/1997
s. 3.

    (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.

S. 3(3B) inserted by No. 33/1995 s. 8.

    (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.

S. 3(6) inserted by No. 63/2012 s. 3(2).

    (6)     For the purposes of subsection (5), resolution of the Council means—

        (a)     a resolution made at an ordinary meeting or special meeting;

        (b)     a resolution made at a meeting of a special committee;

        (c)     the exercise of a power, duty or function delegated to a member of Council staff under section 98—

but does not include any business transacted at an assembly of Councillors.

S. 3AA inserted by No. 6/2010 s. 25(5)(Sch. 2 item 6.1) (as amended by No. 45/2010 s. 6).



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