Victorian Consolidated Legislation

Local Government Act 1989 - SECT 74A

General provisions relating to allowances

74A. General provisions relating to allowances



(1) A Mayor is not entitled to receive a Councillor allowance if the Mayor is
entitled to receive a Mayoral allowance.







(1A) If a Councillor is appointed to act as Mayor under section 73(3) for a
continuous period exceeding 50 days, the acting Mayor may be paid a Mayoral
allowance instead of a Councillor allowance for the period that he or she is
acting as Mayor.

(2) Subject to subsection (3), a Council must pay a Councillor allowance or
Mayoral allowance as specified in the most recent of-

   (a)  the relevant Order in Council made under section 74B; or

   (b)  a Minister's notice published under section 73A, 73B or 74C.

(2A) In addition to complying with the relevant Order in Council or Minister's
notice referred to in subsection (2), a Council must pay a Councillor
allowance or Mayoral allowance in accordance with any review and determination
made by a Council under section 74.

(3) A Council does not have to pay an allowance to a Councillor or Mayor who
does not want to receive an allowance.

(4) A person is only entitled to receive an allowance while he or she holds
the office in respect of which the allowance is payable.

(5) A person elected to be a Councillor is entitled to receive a Councillor
allowance from the date the person takes the oath of office under section 63.

(6) A Councillor elected to be Mayor is entitled to receive a Mayoral
allowance from the date he or she is elected under section 71.