2 Commencement s. 2 (1) This Act comes into operation on a day or days to be proclaimed. (2) The proclamation or proclamations made under subsection (1) must be made on or before 1 July 1990. 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 of accounts repealed by No. 109/2003 s. 72(1)(a).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
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 s. 3 (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 exhibition roll inserted by No. 109/2003 s. 12(1)(b). exhibition roll means the roll prepared under section 23; S. 3(1) def. of exhibition roll date inserted by No. 109/2003 s. 12(1)(b). 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; 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 finance lease inserted by No. 109/2003 s. 72(1)(b). s. 3 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;
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. 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). 3AA Transport Integration Act 2010 s. 3AA This Act is interface legislation within the meaning of the Transport Integration Act 2010. _______________ Pt 1A (Heading and ss 3A–3F) inserted by No. 109/2003 s. 5. S. 3A inserted by No. 109/2003 s. 5. 3A What is the purpose of local government? s. 3A The purpose of local government is to provide a system under which Councils perform the functions and exercise the powers conferred by or under this Act and any other Act for the peace, order and good government of their municipal districts. S. 3B inserted by No. 109/2003 s. 5. 3B How is a Council constituted? A Council consists of its Councillors who are democratically elected in accordance with this Act. S. 3C inserted by No. 109/2003 s. 5. 3C Objectives of a Council (1) The primary objective of a Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. (2) In seeking to achieve its primary objective, a Council must have regard to the following facilitating objectives—
S. 7 amended by No. 59/1999 s. 3, repealed by No. 109/2003 s. 7(2). * * * * * S. 8 repealed by No. 109/2003 s. 7(2). * * * * * 9 Resolution of disputes (1) Any difference or dispute arising between a Council and another public body may be referred to the Governor in Council. (2) The Governor in Council is to appoint a board of inquiry to inquire into and determine any difference or dispute referred to the Governor in Council. S. 9(3) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 31), 67/2014 s. 147(Sch. 2 item 24.1). (3) For the purposes of any inquiry a board of inquiry has all the powers conferred by sections 14 to 16 of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal. (4) A determination of a board of inquiry is binding on the parties. s. 9 (5) If an Act contains a mechanism for resolving a dispute or difference in respect of the performing of a function conferred on a Council by that Act, that mechanism must be used instead of this section. S. 10 amended by Nos 76/1995 s. 3(1)(2), 34/1996 s. 32(2), 76/1997 s. 4(1), repealed by No. 109/2003 s. 7(2). * * * * *
by an application containing the details required by the regulations delivered to the Council before 4 p.m. on the entitlement date. S. 16 substituted by No. 109/2003 s. 10. 16 Provisions relating to corporations s. 16 S. 16(1) amended by No. 35/2008 s. 8(1)(2). (1) Subject to subsection (3), if on the entitlement date a corporation is the sole owner of any rateable property in the municipal district, the corporation may apply to appoint a person to represent it at Council elections to vote on its behalf. S. 16(2) amended by No. 35/2008 s. 8(3). (2) Subject to subsection (3), if on the entitlement date a corporation is a joint owner of any rateable property in the municipal district, the corporation may apply to appoint a person to represent it at Council elections to vote on its behalf. (3) If an application is in force under section 15, an enrolment cannot be made in respect of the same rateable property under subsection (1) or (2). S. 16(4) amended by No. 35/2008 s. 8(4). (4) Section 14(2) applies in respect of an application under subsection (2). S. 16(5) amended by No. 35/2008 s. 8(5)(6). (5) If on the entitlement date a corporation is the occupier of any rateable property in the municipal district whether solely or jointly and is liable to pay the rates in respect of that rateable property, the corporation may apply to appoint a person to represent it at Council elections to vote on its behalf. (6) Sections 15(2), 15(3), 15(4), 15(5), 15(6), 15(7) and 15(11) apply in respect of an application under subsection (5).
Pt 3 Div. 5 (Heading and ss 33–36) amended by Nos 13/1990 s. 6(1), 99/1994 s. 5(a), 76/1997 s. 13(a), 54/1998 ss 5(2), 6, 5/2001 s. 30(1)(2)(a), repealed by No. 109/2003 s. 15. * * * * * Division 6—Extraordinary vacancies S. 37 substituted by No. 109/2003 s. 17, amended by No. 35/2008 s. 14 (ILA s. 39B(1)). 37 Extraordinary vacancy within 6 months before a general election s. 37 (1) If an extraordinary vacancy occurs within 6 months before a general election, the extraordinary vacancy is not to be filled unless the Council decides to fill the vacancy. S. 37(2) inserted by No. 35/2008 s. 14. (2) If the Council decides to fill an extraordinary vacancy which occurs within 6 months before a general election, the Chief Executive Officer must notify the Minister of that decision within 3 working days of the Council making the decision. S. 37A inserted by No. 54/1998 s. 7. 37A Extraordinary vacancies—Councillors elected under Schedule 3 (Part 4A) or 3A (1) This section applies if— (a) an extraordinary vacancy occurs as a result of the departure from office of a person who was elected to a Council in accordance with
S. 40(1) amended by No. 35/2008 s. 16. (1) Except as is provided in the regulations, it is compulsory for a person who is enrolled on the voters' roll as a resident under section 12 to vote at any election in respect of the ward in which his or her principal place of residence is located. S. 40(1A) inserted by No. 43/1993 s. 9(a), amended by No. 33/1995 s. 20. (1A) It is an offence against this Act to fail to vote as required by subsection (1). 1 penalty unit. S. 40(2) inserted by No. 15/1992 s. 8(b). (2) In this section— infringement means an offence against this section; prescribed penalty means the penalty prescribed for the purposes of this section; S. 40(2) def. of prosecution officer amended by Nos 43/1993 s. 9(b), 76/1995 s. 6(a)(b), substituted by No. 109/2003 s. 21(1). prosecution officer means— (a) the Chief Executive Officer or a person appointed by the Chief Executive Officer for the purposes of this section; or (b) if an Electoral Commission is responsible for the prosecutions under this section, the Electoral Commission or a person appointed by the Electoral Commission for the purposes of this section. S. 40(3) inserted by No. 15/1992 s. 8(b). (3) A prosecution officer may serve or cause to be served an infringement notice on any person if the prosecution officer has reason to believe that the person has committed an infringement. s. 40 S. 40(3A) inserted by No. 32/2006 s. 94(Sch. item 30(1)). (3A) An offence referred to in subsection (3) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that
(i) a postal vote certificate or declaration; (ii) a ballot paper for postal voting; (iii) a prepaid envelope for the return of the certificate and ballot paper; (iv) instructions on how to vote; s. 41A (v) notice of how and when the ballot paper must be returned by; (vi) any document prescribed for the purposes of this paragraph; (vii) any other material that the returning officer thinks is appropriate. S. 41A(2A) inserted by No. 35/2008 s. 17(2). (2A) Voting at a general election must be conducted by the same means, whether attendance or postal voting, as the previous general election was conducted unless the Council has decided at least 8 months before the election day to change the means of conducting the voting. S. 41A(2B) inserted by No. 35/2008 s. 17(2). (2B) Voting at a by-election must be conducted by the same means, whether attendance or postal voting, as the previous general election was conducted unless the Council has decided not later than 7 days after the extraordinary vacancy occurred to change the means of conducting the voting. S. 41A(3) amended by No. 76/1997 s. 12(1)(c)(i)(ii), substituted by No. 109/2003 s. 12(3). (3) If an election or a poll of voters is conducted under this section, voting closes at 6 p.m. on the last working day before election day in the election or poll of voters. S. 41A(3A) inserted by No. 109/2003 s. 12(3), repealed by No. 35/2008 s. 17(3). * * * * *
(ii) any other public body or any officer of a public body; and S. 43(1)(f) amended by No. 64/2009 s. 39(b). (f) appoint any person, member of Council staff or an officer of any other public body to carry out any directions referred to in paragraph (d) or (e). (2) An Order in Council under subsection (1) cannot change the method of counting votes under this Act. Division 8—General provisions 44 Municipal electoral tribunals S. 44(1) substituted by No. 15/1992 s. 9(1). s. 44 (1) There may be established one or more municipal electoral tribunals to consider disputes which may arise from the holding of elections. S. 44(1A) inserted by No. 15/1992 s. 9(1). (1A) The Minister may determine that one municipal electoral tribunal be established for a period of up to 12 months as the Minister considers appropriate. (2) Schedule 4 has effect with respect to municipal electoral tribunals. 45 Application for an inquiry S. 45(1) amended by Nos 15/1992 s. 9(2)(a)(b), 34/1996 s. 28(2), 54/1998 s. 3(1)(d), substituted by No. 109/2003 s. 22(1). (1) Within 14 days of the declaration of the result of an election— (a) a candidate in that election who disputes the validity of the election; or (b) 10 voters who dispute the validity of the election— may apply for an inquiry into the election by a municipal electoral tribunal. S. 45(1A) inserted by No. 54/1998 s. 3(2). (1A) The application must be made in writing and must contain the details required by the regulations.
(5) For the purposes of this section, 2 or more gifts made by the same person to or for the benefit of a candidate are to be taken to be one donation. S. 62(6) substituted by No. 35/2008 s. 20. s. 62 (6) In this section, donation period means the period commencing on whichever is the later of— (a) 30 days after the last general election for the Council; or (b) 30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate— and ending 30 days after election day in the current election for the Council. S. 62(7) amended by No. 64/2009 s. 19. (7) A person who— (a) fails to give a return that the person is required to give under this section; or (b) gives a return that contains particulars that to the knowledge of the person are false or misleading in a material particular; or (c) provides information that to the knowledge of the person is false or misleading in a material particular to a person required to give a return under this section— is guilty of an offence and liable to a fine not exceeding 60 penalty units. S. 62(7A) inserted by No. 64/2009 s. 40(2). (7A) If a person is found guilty or convicted of an offence under subsection (7), a court may make an order that the offender give a return under subsection (1) that is not false or misleading in a material particular. (8) If no details are required to be included in a return under this section in respect of a candidate, the return— (a) must be given; and
S. 68A inserted by No. 43/1993 s. 11(1). 68A Resignation of Councillor s. 68A S. 68A(1) amended by No. 125/1993 s. 14(g). (1) For the purpose of holding an election to fill the extraordinary vacancy caused by the resignation of a Councillor, a Councillor is to be taken to have resigned on the date that the resignation is delivered to the Chief Executive Officer. (2) Despite subsection (1), the Councillor continues to hold office until the date specified in his or her resignation. S. 68A(2A) inserted by No. 35/2008 s. 22(1). (2A) A Councillor may specify in his or her resignation that they will continue in office until the result of the by-election or countback is declared. S. 68A(2B) inserted by No. 35/2008 s. 22(1). (2B) A Councillor who has resigned cannot continue in office after the result of the byelection or countback is declared. S. 68A(3) amended by No. 125/1993 s. 14(g). (3) A person cannot revoke his or her resignation as a Councillor after the resignation has been delivered to the Chief Executive Officer. S. 68A(4) amended by No. 125/1993 s. 14(g). (4) Upon the resignation being delivered to the Chief Executive Officer, the Chief Executive Officer may commence the holding of an election to fill the extraordinary vacancy. S. 68A(5) repealed by No. 35/2008 s. 22(2). * * * * * 69 Extraordinary vacancies (1) An extraordinary vacancy is created if the office of a Councillor becomes vacant because the Councillor—
the person has withdrawn the previous nomination. S. 70(6) amended by No. 35/2008 s. 23(2). (6) If a person makes a nomination in contravention of subsection (2), (2A), (3) or (5), the nomination is void. (7) If a person makes nominations in contravention of subsection (4), all the nominations are void. 71 Election of Mayor s. 71 S. 71(1) amended by No. 67/2008 s. 32(1). (1) At a meeting of the Council that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council. S. 71(2) repealed by No. 76/1995 s. 10(1)(a), new s. 71(2) inserted by No. 67/2008 s. 32(2). (2) Before a Mayor is elected under this section, the Council may resolve to elect a Mayor for a term of 2 years. S. 71(3) amended by No. 76/1995 s. 10(1)(b). (3) The Mayor is to be elected— S. 71(3)(a) amended by No. 99/1994 s. 5(b), substituted by No. 109/2003 s. 53, amended by No. 44/2011 s. 6. (a) after the fourth Saturday in October but not later than 30 November in each year; or S. 71(3)(ab) inserted by No. 67/2008 s. 32(3), amended by No. 44/2011 s. 6. (ab) if under subsection (2), the Mayor is elected for a term of 2 years, the next election of Mayor is 2 years after the fourth Saturday in October but not later than 30 November in the second year after the election; or
complying with any restriction or requirement otherwise imposed on a Council by this Act. Pt 4 Div. 1A (Heading and ss 76B, 76C) inserted by No. 109/2003 s. 57. Division 1A—Conduct and interests S. 76AA inserted by No. 67/2008 s. 20. 76AA Definitions s. 76AA In this Division— S. 76AA def. of assembly of Councillors amended by No. 58/2010 s. 8(1), repealed by No. 63/2012 s. 10. * * * * * S. 76AA def. of family inserted by No. 58/2010 s. 8(2). family has the same meaning as family member has in section 78; matter means a matter with which a Council, special committee or a member of council staff is concerned and that will require— (a) a power to be exercised, or a duty or function to be performed, or a decision to be made, by the Council or a special committee in respect of the matter; (b) a power to be exercised, or a duty or function to be performed, or a decision to be made by a member of council staff in respect of the matter;
S. 76C(6) amended by No. 67/2008 s. 15(8). (6) A copy of the current Councillor Code of Conduct must be— (a) given to each Councillor; (b) available for inspection by the public at the Council office and any district offices. S. 76C(7) inserted by No. 67/2008 s. 15(9). (7) On and from the commencement of section 15 of the Local Government Amendment (Councillor Conduct and Other Matters) Act 2008, a Councillor Code of Conduct is taken to include the Councillor conduct principles. S. 76D inserted by No. 67/2008 s. 16. s. 76D 76D Misuse of position S. 76D(1) amended by No. 64/2009 s. 21. (1) A person who is, or has been, a Councillor or member of a special committee must not misuse his or her position— (a) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; or (b) to cause, or attempt to cause, detriment to the Council or another person. 600 penalty units or imprisonment for 5 years or both. (2) For the purposes of this section, circumstances involving the misuse of a position by a person who is, or has been, a Councillor or member of a special committee include— (a) making improper use of information acquired as a result of the position he or she held or holds; or (b) disclosing information that is confidential information within the meaning of section 77(2); or
S. 81(14) amended by No. 64/2009 ss 26(6), 49(3). (14) A member of Council staff must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the Council or make use of that information for any purpose other than the discharge of his or her official duties under this section. 60 penalty units. S. 81(15) amended by No. 99/1994 s. 9(f), repealed by No. 58/2010 s. 20(5). * * * * * S. 81(16) amended by No. 99/1994 s. 9(f)(g). (16) As soon as practicable after a person ceases to be a Councillor or a member of a special committee or a nominated officer, the Chief Executive Officer must remove all the returns submitted by that person from the register. Pt 4 Div. 1B (Heading and ss 81A–81S) inserted by No. 67/2008 s. 18. Division 1B—Councillor Conduct Panels S. 81A inserted by No. 67/2008 s. 18. 81A Definitions s. 81A In this Division— CCP Registrar means a member of Council staff who is not the Chief Executive Officer and who is appointed in writing by the Chief Executive Officer to be the Councillor Conduct Panel Registrar for the Council under clause 8(1) of Schedule 5;
S. 95A(4) substituted by No. 27/1997 s. 5(4). (4) Any contract of employment between— (a) a Council and a Chief Executive Officer; or (b) a Chief Executive Officer and a senior officer— that does not comply with subsection (2) is void. S. 95A(5) amended by No. 99/1994 s. 11(3). (5) This section does not apply to work performed by a person filling a position on an acting basis for a period of not more than 12 months. (6) For the purposes of this section, if a contract contains an option for renewal, the expiry date of the contract is the date on which the last option period ends. S. 95B inserted by No. 125/1993 s. 7(1), substituted by No. 27/1997 s. 6. 95B Powers of the Minister concerning the employment of senior officers s. 95B (1) The Minister may, by notice published in the Government Gazette, exempt a Council or a Chief Executive Officer from complying with section 95A. (2) If the Minister does this, section 95A does not apply to the Council or Chief Executive Officer until the Minister revokes the notice by a further notice published in the Government Gazette. (3) The Minister may also, by notice published in the Government Gazette, for a period specified in the notice, forbid— (a) a Council from employing a new Chief Executive Officer, or entering into a new contract with an existing Chief Executive Officer, or entering into a contract with a Chief Executive Officer that expires after a specified period or date;
S. 97A inserted by No. 125/1993 s. 9. 97A Performance of senior officers to be assessed annually (1) At least once each year a Council must review the performance of its Chief Executive Officer. (2) At least once each year the Chief Executive Officer must review the performance of every other senior officer. S. 97B inserted by No. 125/1993 s. 9, repealed by No. 64/2009 s. 51, new s. 97B inserted by No. 58/2010 s. 22. 97B Definition of senior officer remuneration threshold (1) If a review conducted by the Minister under section 73B results in a finding that Councillor and Mayoral allowances should be increased by the adjustment factor within the meaning of that section, for the purposes of paragraph (c) of the definition of senior officer, the Minister must determine a higher threshold amount by— (a) applying the adjustment factor specified by the Minister under section 73B to— (i) if the review conducted under section 73B is the first review to be conducted after the commencement of section 22 of the Local Government and Planning Legislation Amendment Act 2010—$124 000 and then rounding that amount to the nearest $1000; or (ii) if the review is a subsequent higher threshold amount determined by the Minister under this section after the last review and rounding that amount to the nearest $1000. s. 97A (2) After a review by the Minister is conducted under section 73B and the Minister has applied the adjustment factor determined under that section as required under this section, the Minister must, by notice published in the Government Gazette specify the higher threshold amount for the
(b) any other place required by the regulations. Note to s. 126(4) inserted by No. 5/2014 s. 7(4). Note In addition, a Council must ensure that the current Strategic Resource Plan is published on the Council's Internet website (see section 82A(2)(ab)(ii)). S. 127 substituted by No. 109/2003 s. 71. 127 Council must prepare a budget s. 127 (1) A Council must prepare a budget for each financial year. (2) The Council must ensure that the budget contains— S. 127(2)(a) substituted by No. 5/2014 s. 8(1). (a) financial statements in the form and containing the information required by the regulations; S. 127(2)(b) amended by No. 5/2014 s. 8(2). (b) a description of the services and initiatives to be funded in the budget; S. 127(2)(c) amended by No. 5/2014 s. 8(2). (c) a statement as to how the services and initiatives described under paragraph (b) will contribute to achieving the strategic objectives specified in the Council Plan; S. 127(2)(d) substituted by No. 5/2014 s. 8(3). (d) Major Initiatives, being initiatives identified by the Council as priorities, to be undertaken during the financial year; S. 127(2)(da) inserted by No. 5/2014 s. 8(3). (da) for services to be funded in the budget, the prescribed indicators of service performance that are required to be reported against in the performance statement under section 131; S. 127(2)(db) inserted by No. 5/2014 s. 8(3). (db) the prescribed measures relating to those indicators; S. 127(2)(e) amended by No. 5/2014 s. 8(4). (e) any other information required by the regulations.
154 What land is rateable? s. 154 (1) Except as provided in this section, all land is rateable. (2) The following land is not rateable land— (a) land which is unoccupied and is the property of the Crown or is vested in a Minister, a Council, a public statutory body or trustees appointed under an Act to hold that land in trust for public or municipal purposes; (b) any part of land, if that part— (i) is vested in or owned by the Crown, a Minister, a Council, a public statutory body or trustees appointed under an Act to hold that land in trust for public or municipal purposes; and (ii) is used exclusively for public or municipal purposes; (c) any part of land, if that part is used exclusively for charitable purposes; (d) land which is vested in or held in trust for any religious body and used exclusively— (i) as a residence of a practising Minister of religion; or (ii) for the education and training of persons to be Ministers of religion; or (iii) for both the purposes in subparagraphs (i) and (ii); (e) land which is used exclusively for mining purposes; (f) land held in trust and used exclusively—
S. 161(2B) inserted by No. 63/2012 s. 21(3). (2B) The Minister may, by notice published in the Government Gazette, make guidelines for or with respect to— (a) the objectives of differential rating; (b) suitable uses of differential rating powers; (c) the types or classes of land that are appropriate for differential rating. S. 161(3) amended by Nos 34/1996 s. 19(3)(a), 63/2012 s. 21(4). (3) A Council which declares a differential rate must ensure that copies of the following information are available on its Internet website and for public inspection at the Council office— S. 161(3)(a) repealed by No. 34/1996 s. 19(3)(b), new s. 161(3)(a) inserted by No. 63/2012 s. 21(5). (a) the definition of the types or classes of land which are subject to the rate; s. 161 S. 161(3)(b) amended by No. 63/2012 s. 21(6). (b) the objectives of the differential rate; S. 161(3)(c) amended by Nos 34/1996 s. 19(3)(c), 63/2012 s. 21(7). (c) the rate and amount of rates payable in relation to each type or class of land and what proportion of the total rates and charges this represents; (d) any other information which the Council considers it necessary to make available. S. 161(4) repealed by No. 34/1996 s. 19(4), new s. 161(4) inserted by No. 63/2012 s. 21(8). (4) On the recommendation of the Minister, the Governor in Council may by Order in Council prohibit any Council from making a declaration of a differential rate in respect of a type or class of land, if the Minister considers that the declaration would be inconsistent with any guidelines made under subsection (2B).
Division 2—Payment of rates and charges 167 Payment of rates and charges s. 167 S. 167(1) substituted by Nos 22/1992 s. 15(b), 27/1997 s. 12. (1) A Council must allow a person to pay a rate or charge (other than a special rate or charge) in 4 instalments. S. 167(2) substituted by Nos 22/1992 s. 15(b), 27/1997 s. 12. (2) An instalment is due and payable on the date fixed by the Minister by notice published in the Government Gazette. S. 167(2A) inserted by No. 22/1992 s. 15(b), amended by No. 99/1994 s. 3(2)(d), substituted by No. 27/1997 s. 12. (2A) A Council may allow a person to pay a rate or charge in a lump sum. S. 167(2B) inserted by No. 27/1997 s. 12. (2B) If allowed, a lump sum payment of general rates, municipal charges, service rates or service charges is due and payable on the date fixed by the Minister by notice published in the Government Gazette. S. 167(2C) inserted by No. 27/1997 s. 12. (2C) Any notice published by the Minister under subsection (2) or (2B)(or any variation of such a notice) must be published at least 3 months before the start of the financial year in respect of which the rate or charge is levied. S. 167(3) amended by No. 67/2008 s. 59(1). (3) A special rate or special charge is due and must be paid by the date specified in the notice requiring payment, which is a date not less than 28 days after the date of issue of a notice.
S. 167(4) substituted by No. 67/2008 s. 59(2). (4) A person who is liable to pay a special rate or special charge must pay the special rate or special charge— (a) as a lump sum; or (b) if the Council has provided an instalment plan and the person has elected to pay the special rate or special charge in accordance with the instalment plan, in accordance with the instalment plan. S. 167(5) repealed by No. 22/1992 s. 15(c), new s. 167(5) inserted by No. 67/2008 s. 59(2). (5) If the performance of the function or the exercise of the power in respect of which a special rate or special charge is to be levied relates substantially to capital works, the Council must provide an instalment plan in accordance with subsection (6). S. 167(6) inserted by No. 67/2008 s. 59(2). (6) An instalment plan— (a) must provide for instalments to be paid over a period of at least 4 years; (b) may include in the amount of an instalment a component for reasonable interest costs the total of which must not exceed the estimated borrowing costs of the Council in respect of the performance of the function or the exercise of the power in respect of which the special rate or special charge is to be levied by more than 1%. 168 Incentives for prompt payment s. 168 (1) At the meeting at which a Council declares any rates or charges, the Council may declare that incentives are to be given by it for the payment of those rates and charges before the due date and must include in the declaration details of the circumstances in which an incentive will be given. (2) A notice requiring payment of a rate or charge must specify any incentives.
S. 169(1D) inserted by No. 64/2009 s. 57(2). (1D) Without limiting subsection (1), a Council may grant a rebate or concession in relation to any rate or charge, to support the provision of affordable housing, to a registered agency. S. 169(2) amended by No. 109/2003 s. 84(2). (2) If a person granted a rebate or concession has not complied with the terms on which the rebate or concession was granted, the Council must by a notice sent to the person— (a) require the payment of the whole or part of the rate or charge by a specified date; and (b) require the payment of interest for the late payment of the rate or charge, as if the rebate or concession had not been granted. S. 169(3) inserted by No. 64/2009 s. 57(3). (3) In this section, registered agency has the same meaning as it has in section 4(1) of the Housing Act 1983. 170 Deferred payment s. 170 (1) A Council may defer in whole or in part the payment by a person of any rate or charge which is due and payable for a specified period and subject to any conditions determined by the Council if it considers that an application by that person shows that the payment would cause hardship to the person. (2) On deferral of the payment the person who is liable to make the payment is not liable until the Council sends the person a notice under subsection (3). (3) A Council may by a notice sent to a person— (a) require that person to pay the whole or part of any deferred rate or charge by a specified date if—
(b) any arrears of rates or charges (including any interest on those rates or charges) on the land which are due and payable. S. 175(1AA) inserted by No. 109/2003 s. 87. (1AA) If a Council has obtained an award for legal costs in relation to any rate or charge owing by the previous owner of the rateable land, subsection (1) applies to the amount of legal costs remaining unpaid as if the legal costs were arrears of rates and charges. S. 175(1A) inserted by No. 34/1996 s. 23(2). (1A) If the previous owner of the rateable land had been paying any rate or charge by instalments at the time the ownership of the land changed, the person who becomes the owner of the land may continue the payment of that rate or charge by instalments. S. 175(1B) inserted by No. 34/1996 s. 23(2). (1B) The person who becomes the owner of rateable land may also pay a rate or charge by instalments if the previous owner could have paid it by instalments and the person becomes the owner of the land before the date the first instalment falls due. S. 175(1C) inserted by No. 34/1996 s. 23(2). (1C) In all other cases, the person who becomes the owner of rateable land must pay any amount due under subsection (1)— (a) by the date it was due to have been paid by the previous owner of the land; or (b) if that date has already passed, immediately after the person becomes the owner of the land. s. 175 S. 175(1D) inserted by No. 34/1996 s. 23(2). (1D) Subsections (1A) and (1B)— (a) do not apply to instalment payments relating to rates or charges that are in arrears; and
Pt 8 Div. 3 (Heading) amended by No. 34/1996 s. 22(1), substituted by No. 52/1998 s. 311(Sch. 1 item 55.4). Division 3—Reviews and appeals S. 182 repealed by No. 34/1996 s. 22(2). * * * * * S. 183 (Heading) inserted by No. 67/2008 s. 61(1). S. 183 substituted by No. 78/1991 s. 10, amended by Nos 91/1994 s. 27(a)–(d), 34/1996 s. 33(c), substituted by No. 52/1998 s. 311(Sch. 1 item 55.5). 183 Review of differential rating by VCAT s. 183 S. 183(1) amended by No. 67/2008 s. 61(2). (1) An owner or occupier of land whose interests are affected by a decision of the Council to classify or to not classify that land as land of a particular type or class for differential rating purposes may apply to VCAT for review of the decision. S. 183(2) substituted by No. 63/2012 s. 23. (2) An application for review must be made within 60 days after the day on which the owner or occupier receives the first notice under section 158(3) following the decision. (3) The provisions of Part III of the Valuation of Land Act 1960 apply to a review under this section with any necessary modifications.
(iv) if the planning scheme for the area does not contain any relevant policies or specific objectives, the works and projects proposed for the construction of a road or for the drainage of any land are unnecessary, unreasonable, excessive, insufficient, unsuitable or costly, having regard to the locality or environment and to the probable use of the road or drainage of the land. S. 185(3) substituted by No. 52/1998 s. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(3). (3) On a review, VCAT may, by order— (a) vary the special rate or special charge declared by the Council in relation to its application to the applicant; or (b) set aside the special rate or special charge if satisfied that the ground in subsection (2)(b)(ii), (iii) or (iv) is established; or (c) dismiss the application and confirm the special rate or special charge. S. 185(4) substituted by No. 52/1998 s. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(4). (4) If VCAT sets aside a special rate or special charge made in a particular year, the Council may declare and levy a new special rate or special charge for that year even if the year has ended. S. 185AA inserted by No. 52/1998 s. 311(Sch. 1 item 55.8), amended by No. 67/2008 s. 63(1). 185AA Application for declaration s. 185AA (1) A person may apply to VCAT for a declaration concerning the validity of a decision referred to in section 185(1). S. 185AA(2) amended by No. 67/2008 s. 63(2). (2) On an application under subsection (1) VCAT may make any declaration it thinks appropriate in the circumstances.
from any person interested in undertaking the contract or all, or any part of, the project. (2) If a Council invites expressions of interest— (a) it must register those expressions of interest; and (b) when it is ready to enter into the contract, it must invite tenders from some or all of those who registered their interest in undertaking the contract (or the part of the project to which the contract relates). (3) The public notice, tenders and expressions of interest must be in the prescribed form (if any) and must contain any details that are prescribed. (4) Nothing in this section requires a Council to accept the lowest tender or to accept any tender. (5) This section does not apply if— (a) the Council resolves that the contract must be entered into because of an emergency; or (b) the contract is entered into with a Council acting as the agent for a group of Councils and the Council has otherwise complied with this Act; or s. 186 (c) the contract is entered into in accordance with arrangements approved by the Minister for the purposes of this subsection; or S. 186(5)(d) amended by Nos 27/1997 s. 16, 59/1999 s. 5(c). (d) the contract is a type of contract that has been exempted from this section by the regulations. S. 186(5)(e) inserted by No. 27/1997 s. 16, repealed by No. 59/1999 s. 5(b). * * * * *
S. 196(1A) inserted by No. 99/1994 s. 12(1). (1A) For the purposes of this section, a reference to a public body includes a reference to a regional library. S. 196(2) substituted by No. 99/1994 s. 12(1). (2) The agreement has no effect unless it is approved by the Minister by notice published in the Government Gazette. S. 196(3) substituted by No. 99/1994 s. 12(1). (3) On the date the agreement takes effect, the regional library that is formed by the agreement becomes a regional library to which subsection (4) applies. S. 196(4) amended by No. 99/1994 s. 12(2). (4) A regional library— s. 196 (a) is a body corporate with perpetual succession; and (b) must have a common seal; and (c) may sue or be sued in its corporate name; and (d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing any function or power specified in the agreement; and (e) is capable of doing and suffering all acts and things which bodies corporate may by law do and suffer and which are necessary or expedient for performing any function or power specified in the agreement. S. 196(5) amended by No. 99/1994 s. 12(2). (5) The common seal of a regional library must— S. 196(5)(a) amended by No. 99/1994 s. 12(2). (a) bear the title of the regional library and any other word, letter, sign or device which the
regional corporation determines should be included; and S. 196(5)(b) amended by No. 99/1994 s. 12(2). (b) be kept at the office of the regional library; and S. 196(5)(c) amended by No. 99/1994 s. 12(2). (c) be used only by resolution of the regional library. S. 196(6) amended by No. 99/1994 s. 12(2). s. 196 (6) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of a regional library on any document and must presume that the document was properly sealed until the contrary is proved. S. 196(7) substituted by No. 99/1994 s. 12(3), amended by Nos 27/1997 s. 17, 23/2000 s. 5(a)(b), substituted by No. 109/2003 s. 72(3). (7) The following provisions apply to a regional library as if it were a Council and as if the members of its governing body were Councillors— S. 196(7)(a) amended by No. 64/2009 s. 59(1). (a) sections 75 to 81 (except section 75C); S. 196(7)(b) amended by No. 63/2012 s. 24. (b) Division 2 of Part 4 (except sections 84 and 89); (c) Division 3 of Part 4 except— (i) section 98; and (ii) that a reference to a senior officer is to be construed as if paragraph (b) of the definition of senior officer were omitted;
(3) If the Council carries out the work the owner or occupier must repay the cost of carrying out the work to the Council. (4) A person has a right to make a submission under section 223 on any notice under this section. 201 Approved schemes S. 201(1) amended by Nos 81/1989 s. 3(Sch. item 30.3), 125/1993 s. 37(1)(a). (1) A Council may construct, operate, control, manage or maintain any works or undertakings which form the whole or part of a scheme declared to be an approved scheme under section 216 of the Water Act 1989. (2) In carrying out its functions under subsection (1) the Council may exercise any power conferred on the Council under this Act. Pt 9 Div. 2 (Heading) substituted by No. 6/2010 s. 25(5)(Sch. 2 item 6.3) (as amended by No. 45/2010 s. 6). Division 2—Provisions relating to transport s. 201 S. 202 repealed by No. 12/2004 s. 144. * * * * * S. 203 substituted by No. 125/1993 s. 22, repealed by No. 12/2004 s. 144, new s. 203 inserted by No. 6/2010 s. 25(5)(Sch. 2 item 6.2) (as amended by No. 45/2010 s. 6). 203 Transport plan (1) A Council may develop and implement a transport plan which facilitates a sustainable transport system that provides for the effective integration of transport and land use. Note See section 11 of the Transport Integration Act 2010. (2) A Council may prepare a transport plan jointly with one or more other Councils.
(b) the land obtained from the Council becomes subject to any mortgage, charge, lease or sub-lease that the other land was subject to and is to be regarded as if it had always been part of the land described in the folio of the Register. (5) The Subdivision Act 1988 does not apply to land to which this section applies. S. 207F inserted by No. 125/1993 s. 22, amended by Nos 107/1995 s. 123, 50/1998 s. 50, repealed by No. 12/2004 s. 144. * * * * * S. 208 (Heading) inserted by No. 12/2004 s. 147(1), substituted by No. 6/2010 s. 203(1)(Sch. 6 item 29.3) (as amended by No. 45/2010 s. 22). 208 Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act 1983, Road Management Act 2004 and Road Safety Act 1986 S. 208(1) amended by Nos 44/1989 s. 42(1), 12/2004 s. 147(2), 6/2010 s. 203(1)(Sch. 6 item 29.4(a)) (as amended by No. 45/2010 s. 22). s. 208 (1) A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Roads Corporation under the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983, the Road Management Act 2004 and the Road Safety Act 1986 and the regulations under those Acts.
(b) seeking any order under the Administrative Law Act 1978— (whether on the ground of absence of jurisdiction or any other ground) may be brought against any local government panel, or any member of a local government panel, the Minister, or any other person in respect of any review under this Part, or any proceedings relating to such a review or any other act, matter or thing incidental to the conduct of such a review. S. 220I substituted by No. 27/1997 s. 21. 220I Supreme Court—limitation of jurisdiction s. 220I It is the intention of section 220H to alter or vary section 85 of the Constitution Act 1975. Ss 220J–220O repealed by No. 27/1997 s. 21. * * * * * __________________ Pt 10C (Heading and ss inserted by No. 43/1993 s. 3. S. 220P inserted by No. 43/1993 s. 3, substituted by No. 27/1997 s. 22. 220P Operation of this Part s. 220P The Minister must not recommend to the Governor in Council that an Order in Council be made in relation to a matter under section 220Q(a), (b), (d), (e) or (f) unless the Minister— (a) established a local government panel to conduct a review of the matter; and
S. 227AA inserted by No. 20/1996 s. 23. 227AA Recovery of costs and fees under Housing Act 1983 A Council may recover from the owner of a house subject to a declaration under section 64 of the Housing Act 1983, section 56 of the Housing Act 1958, or section 8 of the Slum Reclamation and Housing Act 1938— (a) the reasonable cost of inspecting the house for the purpose of ascertaining whether it complies with the regulations as defined in section 62 of the Housing Act 1983 or for the purpose of determining whether the Council should exercise its powers under section 68A of the Housing Act 1983; (b) any fees or expenses incurred by the Council in connection with the registration, or the cancellation of the registration, of a charge under section 67(2) of the Housing Act 1983 or in connection with the lodging of a notice under clause 6(2) of Schedule 6 to the Housing Act 1983 that a declaration (as defined in section 62 of that Act) has ceased to operate. S. 227A inserted by No. 22/1992 s. 19. 227A Council may charge interest on unpaid money s. 227A (1) A Council may require a person to pay interest on any amount of money (other than rates and charges)— (a) which that person owes to the Council; and (b) which has not been paid by the due date. (2) The interest— (a) is to be calculated at the rate set from time to time for the purposes of this section by the Council; and (b) becomes payable—
(i) on and from the date on which the money became due; or (ii) in the case of a court order requiring payment of the money, on and from the date of the court order; and (c) continues to be payable until the payment or recovery of the money. S. 227A(3) substituted by No. 23/2000 s. 6. (3) The interest rate specified by the Council must not be more than the rate fixed under section 2 of the Penalty Interest Rates Act 1983. S. 227A(4) repealed by No. 23/2000 s. 6. * * * * * (5) If the Council sets a new interest rate, the new rate takes effect on the date set by the Council and applies from that date to all money (other than interest) owing to the Council on that date. S. 228 substituted by No. 13/1990 s. 27. 228 Indemnity provision s. 228 S. 228(1) amended by Nos 43/1993 s. 4(b)(c), 46/1998 s. 7(Sch. 1), 54/1998 s. 22(a)(b), 109/2003 s. 93(c), 67/2008 s. 78. (1) The Crown must indemnify and keep indemnified the Minister and the Secretary and any member of a local government panel against all actions or claims (whether arising during or after the term of office or employment of the Minister or Secretary or member of the panel) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any function or power conferred on the Minister or Secretary or member of the panel by or under this Act. (2) Part II of the Crown Proceedings Act 1958 applies in respect of any proceedings to which subsection (1) applies. 229 Land information certificate
Sch. 2 cl. 5(5)(c) inserted by No. 15/1992 s. 16. (c) a commonly used other name specific to the candidate by which the candidate is usually identified. Sch. 2 cl. 5(6) inserted by No. 15/1992 s. 16. (6) A name cannot be specified on a ballot-paper under subclause (5)(c) unless the candidate produces evidence to the satisfaction of the returning officer that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified. Sch. 2 cl. 5(7) inserted by No. 15/1992 s. 16. (7) A title or other designation cannot be included with, or as part of, the name of a candidate on a ballot-paper. 6 Validity of candidature (1) A person is not eligible to be a candidate for election if— Sch. 2 cl. 6(1)(a) amended by No. 109/2003 s. 23(c). (a) the nomination form is not properly completed; or Sch. 2 cl. 6(1)(b) amended by No. 109/2003 s. 34(2). (b) the nomination fee has not been paid. Sch. 2 cl. 6(2) amended by No. 99/1994 s. 22, substituted by No. 109/2003 s. 52(2). (2) The returning officer can only reject a nomination— (a) if section 70(6) or 70(7) applies; or (b) if clause 5 has not been complied with; or Sch. 2 (c) under subclause (3A). Sch. 2 cl. 6(3) amended by No. 109/2003 s. 23(a). (3) If the returning officer is satisfied that clause 5 has been complied with, the returning officer cannot reject the nomination because of— (a) any possible defect or error in the qualification of the candidate; or
(b) the returning officer must take all practicable steps to remove the name of the person whose nomination is void from the (c) if the returning officer receives a completed ballot-paper on which the name of the person whose nomination is void has not been removed, the name of that person and any figure next to the name are to be treated as removed and the ballot-paper is to be given effect to in the voter's order of preference in respect of the remaining candidates. 7 Withdrawal of nomination Sch. 2 cl. 7(1) amended by Nos 76/1995 s. 13(a), 54/1998 s. 13(1), 109/2003 s. 23(a), 35/2008 s. 26(1)(2). Sch. 2 (1) A candidate may withdraw a nomination before 12 noon on the 32nd day before election day. Sch. 2 cl. 7(2) substituted by No. 54/1998 s. 3(1)(g). (2) A notice of withdrawal must contain the details required by the regulations and must be signed by the candidate. Sch. 2 cl. 7(3) amended by No. 109/2003 s. 23(c). (3) The returning officer must keep the nomination form. Sch. 2 cl. 7(4) substituted by No. 109/2003 s. 34(3). (4) The returning officer must retain the nomination fee paid by a candidate who withdraws their nomination under this clause. Sch. 2 cl. 8 repealed by No. 15/1992 s. 17(a), new Sch. 2 cl. 8 inserted by No. 43/1993 s. 17. 8 Retirement of a candidate (1) A candidate may retire before a declaration of an election is made or, if an election is to be held, before the day of the election, only in accordance with this clause.
10 Filling of vacancies (1) If— (a) the number of candidates; or Sch. 2 cl. 10(1)(b) repealed by No. 15/1992 s. 17(c). * * * * * Sch. 2 cl. 10(1)(c) amended by Nos 76/1995 s. 15, 109/2003 s. 36(1). (c) the withdrawal, retirement or death of a candidate— Sch. 2 means that the number of candidates is equal to or less than the number of vacancies to be filled at an election, the returning officer must declare the candidate or candidates to be elected and give public notice of the declaration. (2) If the returning officer declares the candidate or candidates to be elected under subclause (1)(a), the declaration must be made— Sch. 2 cl. 10(2)(a) amended by Nos 76/1995 s. 13(c), 54/1998 s. 13(1), 35/2008 s. 26(1)(2). (a) in the case of a by-election, immediately after 12 noon on the 32nd day before election day; or Sch. 2 cl. 10(2)(b) amended by No. 109/2003 s. 36(2). (b) in the case of any other election, in accordance with clause 23. Sch. 2 cl. 10(2A) inserted by No. 109/2003 s. 36(3). (2A) If a by-election is required following the death or resignation of a candidate, the vacancy is deemed to have occurred on election day.
Sch. 2 cl. 15(4) substituted by No. 54/1998 s. 3(1)(j). (4) Before a scrutineer can act as a scrutineer she or he must make a written declaration containing the details required by the regulations. Sch. 2 cl. 15(5)–(9) repealed by No. 76/1995 s. 16(2)(b). * * * * * Sch. 2 cl. 16 repealed by No. 76/1995 s. 16(1). * * * * * 17 Power to keep the peace (1) The returning officer and any person authorised by the returning officer for the purpose have the following powers— Sch. 2 cl. 17(1)(a) amended by No. 109/2003 s. 29(g). (a) to maintain and enforce order and keep the peace at any election or voting centre; (b) without any warrant to cause any person who— Sch. 2 cl. 17(1)(b)(i) amended by No. 109/2003 s. 29(h). (i) obstructs the approaches to any voting centre; or Sch. 2 cl. 17(1)(b)(ii) amended by No. 67/2008 s. 84(2). (ii) behaves in a disorderly manner— Sch. 2 cl. 17(1)(b)(iii) repealed by No. 76/1995 s. 16(1). * * * * * to be removed;
Sch. 3 cl. 2(5) amended by Nos 76/1995 s. 16(3)(b), 34/1996 s. 33(g), 29/2006 s. 3(Sch. 1 item 18). (5) If subclause (3) applies, the person assisting the voter must without allowing the manner in which the ballot-paper has been marked to be disclosed, deposit it in the ballot-box and leave the voting centre. Sch. 3 cls 3, 4 repealed by No. 76/1995 s. 16(4). * * * * * 2—GENERAL PROVISIONS 5 Place where votes to be counted Sch. 3 cl. 5(1) amended by No. 15/1992 s. 22, repealed by No. 76/1995 s. 16(4). * * * * * (2) The returning officer must advise each candidate before election day where the count is to be made. Sch. 3 cl. 5A inserted by No. 109/2003 s. 39. 5A Use of electronic counting equipment and systems (1) The returning officer may use electronic counting equipment and systems to assist in the counting of votes at an election. (2) The regulations may— (a) modify the procedure specified in this Schedule to facilitate the use of electronic counting equipment and systems; (b) prescribe types of electronic counting equipment and systems. Sch. 3 cls 6–8 repealed by No. 76/1995 s. 16(4). * * * * *
(b) a transfer in accordance with subclause (12)(a) of all first preference votes of an excluded candidate; Sch. 3 Sch. 3 cl. 11B(27)(c) substituted by No. 35/2008 s. 29. (c) a transfer in accordance with subclause (12)(b) of all the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value. 5—MISCELLANEOUS PROVISIONS 12 Adjournment of count Sch. 3 cl. 12(1) repealed by No. 15/1992 s. 23. * * * * * (2) The returning officer may from time to time adjourn the count of votes. (3) If the count of votes is adjourned the returning officer must advise the scrutineers and the authorised persons of the adjournment. Sch. 3 cl. 12(4)–(6) repealed by No. 76/1995 s. 16(4). * * * * * 13 Recount of votes Sch. 3 cl. 13(1) substituted by No. 109/2003 s. 42(1). (1) At any time before a candidate has been declared elected, the returning officer may— Sch. 3 (a) if he or she thinks fit; or (b) at the written request of the candidate specifying reasons— open any sealed parcel containing ballot-papers and recount the ballot-papers.
Sch. 3 cl. 17(1)(f)(ii) amended by No. 13/1990 s. 6(2). (ii) a majority of the valid votes recorded are against the decision or proposed decision of the Council; Sch. 3 cl. 17(1)(g) amended by No. 13/1990 s. 6(2). (g) if a poll is carried a Council must not proceed with its decision or proposed decision; Sch. 3 cl. 17(1)(h) amended by No. 13/1990 s. 6(2). (h) if a poll is not carried the Council may proceed with its decision or proposed decision; (i) the Council must give public notice of the result of the poll. Sch. 3 __________________ Sch. 3A inserted by No. 54/1998 s. 19. SCHEDULE MATTERS Sch. 3A 1 Definitions In this Schedule— eligible candidate means a person who— (a) was a candidate at the relevant election; and (b) did not withdraw or retire from, and was not elected at, that election; and (c) is still eligible to be elected as a Councillor;
Sch. 3A cl. 3(4) amended by No. 35/2008 s. 34. (4) The returning officer may comply with clause 6 in respect of an extraordinary vacancy even while she or he or another returning officer is complying with those subclauses in respect of another extraordinary vacancy. Sch. 3A cl. 4 amended by No. 109/2003 s. 46(1), substituted by No. 35/2008 s. 35. 4 Procedure if there are no eligible candidates If there are no eligible candidates, the countback fails and clause 7A applies. Sch. 3A cl. 5 amended by No. 109/2003 s. 46(1), substituted by No. 35/2008 s. 35. 5 Procedure if there is only one eligible candidate (1) This clause applies if there is only one eligible candidate. (2) The returning officer must invite in writing the candidate to complete a written declaration specifying that the candidate is still eligible to be a Councillor. (3) A written declaration under subclause (2) must be given to the returning officer within 14 days of the date of the written invitation. (4) If the candidate complies with this clause, the returning officer must declare the candidate elected in accordance with clause 17. (5) If the candidate does not comply with this clause, the countback fails and clause 7A applies. Sch. 3A cl. 6 amended by No. 109/2003 s. 46(1), substituted by No. 35/2008 s. 35. 6 Procedure if there is more than one eligible candidate Sch. 3A (1) This clause applies if there is more than one eligible candidate. (2) Within 14 days of the extraordinary vacancy occurring, the returning officer must— (a) publish a public notice in accordance with subclause (3); and
__________________ Sch. 5 substituted by No. 15/1992 s. 24(1), amended by Nos 43/1993 s. 20, 125/1993 s. 37(1)(c), 76/1995 s. 13(d), 52/1998 s. 311(Sch. 1 item 55.9), 54/1998 ss 3(1)(l)(m), 13(2), repealed by No. 109/2003 s. 28(3), new Sch. 5 inserted by No. 67/2008 s. 19. SCHEDULE 5 Sch. 5 1 Definitions In this Schedule— CCP Registrar has the same meaning as it has in section 81A; List A means the list of persons established and maintained by the MAV under clause 3(2); List A member means a person appointed to be a member of List A by the MAV under clause 3(2); List B means the list of persons established and maintained by the MAV under clause 3(3); List B member means a person appointed to be a member of List B by the MAV under clause 3(3); local legal practitioner has the same meaning as in the Legal Profession Act 2004; local practising certificate has the same meaning as in the Legal Profession Act 2004; MAV has the same meaning as it has in section 81A. 2 Councillor Conduct Panels (1) Unless subclause (2) applies, a Councillor Conduct Panel is to consist of 2 persons selected and appointed by the MAV in accordance with clause 3.