Victorian Consolidated Legislation

Local Government Act 1989 - SECT 69A

Multiple extraordinary vacancies

69A. Multiple extraordinary vacancies



(1) This section applies if the number of extraordinary vacancies created in
the offices of Councillors of a Council results in 50 per cent or more of the
offices of Councillors of the Council being vacant.

(2) If this section applies, the remaining Councillors are by virtue of this
section suspended for the period commencing immediately upon 50 per cent or
more of the offices of Councillors of the Council being vacant and ending upon
the number of extraordinary vacancies that are filled and the number of
existing Councillors constituting more than 50 per cent of the offices of
Councillors of the Council.

(3) If this section applies the Minister must recommend to the Governor in
Council that an Order in Council be made under this section appointing an
administrator for the Council for the period referred to in subsection (2).

(3A) The Governor in Council may make an Order in Council recommended by the
Minister under subsection (3).

(4) Sections 219(3) and 219(3A) apply in respect of the appointment of an
administrator under subsection (3).

(5) The appointment of an administrator under subsection (3) has effect for
the period referred to in subsection (2).

(6) The suspended Councillors are not Councillors of the Council during the
period of suspension.

(7) Despite subsection (6), the suspended Councillors-

   (a)  are entitled to receive their allowances under section 74; and

   (b)  may provide advice to the administrator if the administrator so
        requests during the period of administration.