residence or business. b) The relevant authorised officer may withdraw the infringement notice within twenty- eight (28) days of its date by sending a notice to the person on whom the infringement notice was served. c) If the person pays the penalty before the infringement notice is withdrawn, the person is entitled to a refund of the penalty d) If the person pays the penalty within the time specified in the notice or, if the relevant authorised officer allows, before a summons is served on the person in respect of the infringement, the following provisions apply: i) further proceedings for an offence are not to be taken against the person; and ii) there is to be no conviction recorded against the person for the infringement. e) A penalty paid under this clause must be applied as if the person who paid it was found guilty of the infringement in a Magistrates Court on the information of an authorised relevant person. f) If a person served with an infringement notice has not paid the penalty within the time specified in the notice or any extension of that time or if an infringement notice is not withdrawn, proceedings may still be taken or continued to prosecute the alleged offence. 12.3 a) A person issued with an infringement notice may pay the penalty indicated to: i) 15 Stead Street, Ballan, 182 Halletts Way, Darley, 215 Main Street, Bacchus Marsh ii) Moorabool Shire Council, PO Box 18, Ballan, Victoria 3342; b) To avoid prosecution, the penalty indicated must be paid within twenty-eight (28) days after the day on which the infringement notice is issued. c) A person issued with an infringement notice is entitled to disregard the notice and defend the prosecution in court. 12.4 statutory declaration by a person who has served or given notice in accordance with this Local Law is evidence of the notice having been served or given as described in that declaration. Some (but not all) breaches of this Local Law result in an offence being committed. Those breaches which result in an offence being committed are to be found in clause 12.1 and those clauses where a penalty and 'penalty units' appear below the text (e.g. clause 11.1(e)). At the time of making this Local Law, each penalty unit is equal to $151.67. A penalty of 5 penalty units is therefore a penalty of $758.35. The penalty units shown are the maximum penalty units which a Court can impose. It is always
PART 17 COUNCIL 17.1 Resolution for the making of this Local Law was agreed to by Moorabool Shire Council at the Special Meeting of Council on Wednesday 29 June 2016, and The Common Seal of the Moorabool Shire Council was hereunto affixed in the presence of: ………………………………..............................Councillor ……...........................……………………..…….Chief Executive Officer
APPENDIX 1 3 – Procedural Motion Form Mover & Seconder When Motion Prohibited Effect if Carried Effect if Lost Debate Permitted on Motion 1. Adjournment of debate to later hour and/or date That this matter be adjourned to *am/pm and/or *date Any Councillor who has not moved or seconded the substantive motion or otherwise spoken to the substantive motion (a) During the election of a Chairperson; (b) When another Councillor is speaking Motion and amendment is postponed to the stated time and/or date Debate continues unaffected Yes
4. Laying question on the table That the question lie on the table Any Councillor who has not moved or seconded the substantive motion or otherwise spoken to the substantive motion (a)During the election of a Chairperson; (b)During a meeting which is a call of the Council has been made for that meeting in accordance with section 85 of the Act; or (d)When the motion would have the effect of causing Council to be in breach of a legislative requirement Motion and amendment is not further discussed or voted on until: (a)Council resolves to take the question from the table at the same meeting; or (b)The matter is placed on a subsequent agenda and Council resolves to take the question from the table Debate continues unaffected No
5. Previous question That the question be not now put Any Councillor who has not moved or seconded the substantive motion or otherwise spoken to the substantive motion (a)During the election of a Chairperson; (b)When another Councillor is speaking; (c)When the matter is one in respect of which a call of the Council has been made for that meeting in accordance with section 85 of the Act; (d)When an amendment is before Council; or (e)When a motion would have the effect of causing Council to be in breach of a legislative requirement (a)No vote or further discussion on the motion until it is placed on a subsequent agenda for a later meeting; and (b)Proceed to next business Motion (as amended up to that time) put immediately without further amendment or debate Yes
6. Proceeding to next business That the meeting proceed to the next business Note: This motion: (a)may not be amended; (b)may not be debated; and (c)must be put to the vote as soon as seconded Any Councillor who has not moved or seconded the substantive motion or otherwise spoken to the substantive motion (a)During the election of a Chairperson; (b)When another Councillor is speaking; (c)When the matter is one in respect of which a call of the Council has been made in accordance with section 88 of the Act; or (d)When a motion have the effect of causing Council to be in breach of a legislative requirement If carried in respect of: (a)An amendment, Council considers the motion without reference to the amendment: (b)A motion - no vote or further discussion on the motion until it is placed on an agenda for a later meeting Debate continues unaffected No