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 of accounts repealed by No. 109/2003 s. 72(1)(a).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
(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 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 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). Electoral Commission means any person or body that is authorised under the law of the State of Victoria or of the Commonwealth or of any other State or of a Territory of the Commonwealth to conduct parliamentary elections in Victoria or the Commonwealth or the other State or the Territory of the Commonwealth;
S. 3(1) def. of person amended by Nos 109/2003 s. 12(1)(c), 35/2008 s. 3(3). s. 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 , 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 Victoria Police Act 2013; S. 3(1) def. of prescribed repealed by No. 78/1991 s. 3(a). * * * * * 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 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 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; s. 3 (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;
(9) Subsection (4) does not apply to an application under subsection (8). (10) A person who is enrolled on the voters' roll as an occupier under subsection (1) may resign the enrolment by an application containing the details required by the regulations delivered to the Council. (11) The owner or any 2 of the joint owners may withdraw a written consent under subsection (4) 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
office after being declared elected if the person continues to hold any office or position referred to in subsection (1)(b). (4) In this section— electorate officer means a person employed under Part 4 of the Parliamentary Administration Act 2005; Ministerial officer means a person employed as a Ministerial officer under Part 6 of the Public Administration Act 2004; Parliamentary adviser means a person employed as a Parliamentary adviser under Part 6 of the Public Administration Act 2004. S. 28B inserted by No. 53/2009 s. 3. 28B Transitional provision A Councillor who immediately before the commencement of the Local Government Amendment (Conflicting Duties) Act 2009 holds any office or position referred to in section 28A(1)(a), (b) or (c) who continues to hold that office or position at the expiry of the period of 7 days after that commencement goes out of office as a Councillor on the expiry of that period. 29 Disqualifications s. 28B (1) A person is not capable of becoming or continuing to be a Councillor or nominating as a candidate at an election if— (a) he or she is an undischarged bankrupt; or (b) his or her property is subject to control under the law relating to bankruptcy; or (c) he or she is of unsound mind; or
S. 45(2) substituted by No. 34/1996 s. 28(3). (2) The application for an inquiry must be lodged with the principal registrar of the Magistrates' Court. (3) The prescribed fee must be forwarded with the application. 46 Powers of a municipal electoral tribunal S. 46(1) substituted by No. 15/1992 s. 9(3). (1) A municipal electoral tribunal has the following powers— (a) to declare that any person declared elected was not duly elected; (b) to declare any candidate duly elected who was not declared elected; s. 45 (c) to declare an election void; (d) to dismiss or uphold an application in whole or in part; (e) to amend or permit the amendment of an application; (f) to order the inspection of, and permit copying of, documents used in connection with an election, subject to such terms and conditions as it considers appropriate; (g) to undertake a preliminary review of an application; (h) to require any further information relating to an application. S. 46(1A) inserted by No. 15/1992 s. 9(3). (1A) A municipal electoral tribunal may impose a financial penalty not exceeding the amount prescribed for the purposes of this section. (2) A municipal electoral tribunal cannot order a recount of the whole or any part of the unless it is satisfied that a recount is papers
S. 48(3) inserted by No. 76/1995 s. 7(2), substituted by Nos 52/1998 s. 311(Sch. 1 item 55.2), 109/2003 s. 22(3). (3) An application for review must be made within 7 days of a copy of the decision being given to the parties to the application. S. 48(4) inserted by No. 109/2003 s. 22(3). (4) The Tribunal's power under this section is exercisable only by a presidential member of the Tribunal. 49 Reasons for decision s. 48 S. 49(1) amended by No. 109/2003 s. 22(4). (1) A municipal electoral tribunal must give reasons in writing for its decision. S. 49(2) substituted by No. 109/2003 s. 22(5). (2) A municipal electoral tribunal must provide a copy of its decision to— (a) each party to the application; and (b) the Minister. 50 Scrutiny of voters' roll The returning officer must as soon as practicable after an election undertake a scrutiny of the voters' roll used at the election and prepare a list of the names of persons who were required to vote and did not vote at the election. 51 Validity of election or poll S. 51(1) amended by No. 76/1997 s. 13(b). (1) The validity of an election or poll is not affected by any defect in the appointment of any person for the purpose of holding the election or poll. S. 51(2) amended by No. 76/1997 s. 13(b). (2) The validity of an election or poll is not affected by—
S. 62A(2C) inserted by No. 63/2012 s. 9. s. 62B (2C) The Chief Executive Officer must ensure that a summary of an election campaign donation return is made available on the Internet website of the Council until the entitlement date for the next general election. S. 62A(3) amended by No. 58/2010 s. 6(2). (3) The Chief Executive Officer must ensure that a copy of an election campaign donation return is available for inspection at the office of the Council during normal office hours for a period of 4 years from the date that it is given under section 62. S. 62B inserted by No. 109/2003 s. 30. 62B Certain gifts not to be accepted S. 62B(1) amended by No. 64/2009 s. 41. (1) It is unlawful for a Councillor or a person acting on behalf of a Councillor to receive during the donation period a gift made to or for the benefit of the Councillor, being a gift the amount or value of which is equal to or exceeds the gift disclosure threshold unless— (a) the name and address of the person making the gift are known to the person receiving the gift; or (b) at the time when the gift is made— (i) the person making the gift gives to the person receiving the gift the person's name and address; and (ii) the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift. S. 62B(2) amended by No. 64/2009 s. 41. (2) It is unlawful for a candidate or a person acting on behalf of a candidate to receive during the donation period a gift made to or for the benefit of
S. 63 amended by No. 125/1993 s. 14(g), substituted by No. 109/2003 s. 48. 63 Oath of office s. 63 S. 63(1) amended by Nos 67/2008 s. 29, 69/2009 s. 54(Sch. Pt 2 item 31). (1) A person elected to be a Councillor is not capable of acting as a Councillor unless he or she has taken the following oath of office, in accordance with section 100 of the Evidence (Miscellaneous Provisions) Act 1958— "I will undertake the duties of the office of Councillor in the best interests of the people in the municipal district of and faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1989 or any other Act to the best of my skill and judgment.". (2) The oath of office must be— (a) made before the Chief Executive Officer; and (b) dated and signed before the Chief Executive Officer; and (c) recorded in the minutes of the Council. Note to s. 63(2) amended by No. 69/2009 s. 54(Sch. Pt 2 item 31). Note See section 102 of the Evidence (Miscellaneous Provisions) Act 1958 as to the making of a solemn affirmation instead of an oath. S. 64 amended by No. 125/1993 s. 14(g), substituted by No. 109/2003 s. 48. 64 Failure to take oath of office If a person elected to be a Councillor does not take the oath of office within 3 months after the day on which he or she was declared elected, the office of that Councillor becomes vacant.
S. 71(3)(b) amended by No. 76/1995 s. 10(1)(c). (b) as soon as possible after any vacancy in the office of Mayor occurs. S. 71(4) amended by No. 76/1995 s. 10(1)(d). (4) The election of a Mayor after the period specified in this section does not invalidate the election. S. 71(5) substituted by No. 76/1995 s. 10(2), repealed by No. 5/2001 s. 30(1). * * * * * S. 71(6) substituted by No. 76/1995 s. 10(2). (6) The Mayor of a Shire Council may be titled the President. S. 71(7) substituted by No. 76/1995 s. 10(2). (7) Any reference to "Mayor" includes a reference to "Lord Mayor" or "President" as the case may be. 72 Term of office S. 72(1) amended by No. 76/1995 s. 10(3)(a). s. 72 (1) The office of Mayor becomes vacant— S. 72(1)(a) amended by No. 76/1995 s. 10(3)(a). (a) at 6 a.m. on the day of the election of the Mayor; or (b) if he or she dies or ceases to be a Councillor; or S. 72(1)(ba) inserted by No. 109/2003 s. 54. (ba) if his or her office as a Councillor is suspended for any period under this Act; or
(c) the Council is required to increase allowances by an Order in Council under section 74B. (4) A person has a right to make a submission under section 223 in respect of a review of allowances. S. 74A inserted by No. 76/1995 s. 11, amended by No. 76/1997 s. 14(2), repealed by No. 5/2001 s. 30(1), new s. 74A inserted by No. 109/2003 s. 55. 74A General provisions relating to allowances s. 74A (1) A Mayor is not entitled to receive a Councillor allowance if the Mayor is entitled to receive a Mayoral allowance. S. 74A(1A) inserted by No. 67/2008 s. 6(1). (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. S. 74A(2) substituted by No. 67/2008 s. 6(2). (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. S. 74A(2A) inserted by No. 67/2008 s. 6(2). (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. S. 74A(3) amended by No. 67/2008 s. 6(3).
S. 78 amended by Nos 99/2004 s. 8(a), 76/1995 s. 10(5), 109/2003 s. 61, 12/2008 s. 73(Sch. 1 item 38), substituted by No. 67/2008 s. 21. 78 Indirect interest by close association s. 78 (1) In this section— daughter means a biological daughter, adopted daughter, or female child for whom the person has custodial responsibilities; direct relative means the spouse, domestic partner, son, daughter, mother, father, brother or sister of the person; domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); family member means— (a) a spouse or domestic partner of the person; or
S. 78B inserted by No. 67/2008 s. 21. 78B Indirect interest because of conflicting duties s. 78B (1) A person has an indirect interest in a matter because of a conflicting duty if the person— (a) is a manager or a member of a governing body of a company or body that has a direct interest in a matter; (b) is a partner, consultant, contractor, agent or employee of a person, company or body that has a direct interest in a matter; (c) is a trustee for a person who has a direct interest in a matter. (2) A person has an indirect interest in a matter because of a conflicting duty if the person held a position or role specified in subsection (1) and, in that position or role, dealt with the matter. (3) A person does not have an indirect interest because of a conflicting duty if— S. 78B(3)(a) amended by No. 58/2010 s. 11(a). (a) the person is, or has been, only an employee in the service of the Crown or of a body established by or under any Act for a public purpose and the person has no current or expected responsibilities as that employee in relation to a matter; S. 78B(3)(b) substituted by No. 58/2010 s. 11(b). (b) the person only holds a position in a organisation for which the person receives no remuneration and the person was appointed to the relevant special committee of the Council to be a representative of the non-for-profit organisation; S. 78B(3)(ba) inserted by No. 58/2010 s. 11(b). (ba) the person only holds a position, with the Council's approval as a representative of the Council, in an organisation for which the person receives no remuneration;
(b) if the Councillor realises that he or she has a conflict of interest after consideration of the matter has begun, as soon as the Councillor becomes aware that he or she has a conflict of interest. S. 80B inserted by No. 67/2008 s. 24. 80B Members of Council staff to disclose conflicts of interest in respect of delegated functions s. 80B S. 80B(1) substituted by No. 58/2010 s. 18(1). (1) This section applies to— (a) a member of Council staff who has been delegated a power, duty or function of the Council under section 98(1) or 98(3) or under another Act; (b) the Chief Executive Officer who has been given a power, duty or function under this Act or another Act; (c) any other member of Council staff who has been delegated a power, duty or function of the Chief Executive Officer under section 98(2). S. 80B(2) amended by No. 64/2009 s. 24. (2) A member of Council staff who has a conflict of interest in a matter in which they also have delegated power, duty or function must— (a) not exercise the power or discharge the duty or function; and (b) in the case of the Chief Executive Officer, disclose the type of interest and the nature of the interest to— (i) the Mayor, in writing, as soon as he or she becomes aware of the conflict of interest in the matter; and (ii) the Council by no later than the next ordinary meeting of the Council.
S. 81(8) repealed by No. 99/1994 s. 9(d). * * * * * S. 81(9) substituted by No. 99/1994 s. 9(e). (9) The Chief Executive Officer must maintain a register of the interests of Councillors, members of special committees and nominated officers consisting of the last 3 returns that those Councillors, members and officers were required to submit under this section. S. 81(10) amended by No. 99/1994 s. 9(f). (10) The Chief Executive Officer must allow a person to inspect the register if that person has previously made written application to the Chief Executive Officer to do so and the application meets the requirements of the regulations. (11) The register may be inspected at the office of the Council during normal office hours. S. 81(12) amended by No. 99/1994 s. 9(f). (12) The Chief Executive Officer must take all reasonable steps to ensure that no person other than a person who has made application has access to or is permitted to inspect the register or any return. (13) A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register. s. 81 S. 81(13A) inserted by No. 67/2008 s. 25(8). (13A) The Chief Executive Officer must maintain a record of the names of persons who have inspected the register of interests under subsection (10). S. 81(13B) inserted by No. 67/2008 s. 25(8), amended by No. 64/2009 s. 49(2). (13B) A Councillor, a member of a special committee or a nominated officer, whose interests are recorded in the register may inspect the recorded names of people kept under subsection (13A) who have inspected his or her personal records.
Pt 6 (Heading and ss 125–134) amended by Nos 13/1990 ss 14, 15, 22/1992 ss 4(2), 5(1)(2), 6, 7(1)(2)(b), 125/1993 s. 14(l), 40/1994 s. 5, 99/1994 s. 15, 33/1995 ss 5, 34/1996 ss 5–8, 29, 27/1997 s. 25, 76/1997 s. 15, 93/1997 s. 28(Sch. item 18), 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 item 55.3), 53/1999 s. 26(Sch. item 15), 59/1999 s. 5(b), substituted as Pt 6 (Heading and ss 125–135) by No. 109/2003 s. 71. S. 125 substituted by No. 109/2003 s. 71. 125 Council Plan s. 125 S. 125(1) substituted by No. 67/2008 s. 49(1). (1) A Council must prepare and approve a Council Plan within the period of 6 months after each general election or by the next 30 June, whichever is later.
S. 125(6) amended by No. 67/2008 s. 49(2). (6) If a Council fails to submit a Council Plan to the Minister within the time allowed, the Secretary must ensure that details of the failure are published in the annual report of the Department. (7) At least once in each financial year, a Council must consider whether the current Council Plan requires any adjustment in respect of the remaining period of the Council Plan. (8) Subject to subsections (9) and (10), a Council may make any adjustment it considers necessary to the Council Plan. S. 125(9) substituted by No. 67/2008 s. 49(3). (9) A person has a right to make a submission under section 223 on a proposed adjustment to a Council Plan which relates to a matter specified under subsection (2)(a), (2)(b) or (2)(c). (10) If a Council makes an adjustment to the Council Plan, the Council must within 30 days of making the adjustment advise the Minister of the details of the adjustment to the Council Plan. (11) A copy of the current Council Plan must be available for inspection by the public at— (a) the Council office and any district offices; and (b) any other place required by the regulations. Note to s. 125(11) inserted by No. 5/2014 s. 6(2). Note In addition, a Council must ensure that the current Council Plan is published on the Council's Internet website (see section 82A(2)(ab)(i)). S. 126 substituted by No. 109/2003 s. 71. 126 Strategic Resource Plan s. 126 (1) The Strategic Resource Plan is a resource plan of the resources required to achieve the strategic objectives.
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. 171(4)(b) amended by No. 13/1990 s. 19(a). (b) a person may only apply for a waiver in respect of rateable land or a part of rateable land which is used exclusively for residential purposes by that person and is that person's sole or principal place of residence; S. 171(4)(ba) inserted by No. 78/1991 s. 7(2). s. 171 (ba) in addition, if the person does not own the land or part, he or she may only apply for a waiver if— (i) he or she is liable to pay those rates or charges or interest (or an amount in place of, or on account of, those rates or charges or interest), whether under an agreement with the owner or for any other reason; or (ii) he or she holds a residence right in a retirement village (as defined in the Retirement Villages Act 1986); or (iii) he or she made a valid application in respect of the land under section 298(1A) of the Local Government Act 1958, or continued to have a valid application under section 298(1AC) of that Act, in the 12 months immediately before the commencement of this section; S. 171(4)(c) amended by No. 82/2004 s. 13(Sch. item 5.3). (c) a person may make only one application for each rating period in respect of the same rateable land or same part of rateable land;
S. 171(4)(d) substituted by No. 13/1990 s. 19(b), amended by Nos 99/1994 s. 3(2)(e), 11/2002 s. 3(Sch. 1 item 42), 82/2004 s. 13(Sch. item 5.4(a)(b)). s. 171 (d) an application must be in the form approved by the Minister administering the State Concessions Act 2004 and must be made on or before 30 April in the financial year in respect of the rate or charge for which the waiver is sought, but the Minister administering the State Concessions Act 2004 may approve late applications or extend the closing date for applications, either generally or specifically; S. 171(4)(e) amended by No. 82/2004 s. 13(Sch. item 5.5). (e) the Council must, on receipt of an application which complies with this subsection, waive the amount which is in accordance with the concession order; S. 171(4)(f) amended by Nos 13/1990 s. 19(c)(i)(ii), 82/2004 s. 13(Sch. item 5.6). (f) subject to the approval of the Minister administering the State Concessions Act 2004, a Council which waives an amount in respect of rateable land or a part of rateable land under this subsection may decide to treat the person who was granted the waiver as having made a continuing application for a waiver in respect of the rateable land or part, unless the person advises the Council that a waiver is no longer sought. S. 171(5) substituted by No. 82/2004 s. 13(Sch. item 5.7). (5) The Council must not in respect of a person waive an amount under subsection (4) which exceeds the amount paid to the Council by the Government of Victoria in respect of that person. S. 171(5AA) inserted by No. 82/2004 s. 13(Sch. item 5.7). (5AA) An Order under subsection (4)(a) as in force immediately before the commencement of the State Concessions Act 2004 is deemed to be a concession order within the meaning of that Act in relation to rates, charges or interest payable under this Act until a relevant concession order under that Act is made. s. 171
S. 193(5) substituted by No. 109/2003 s. 89(1). (5) Before a Council does anything under subsection (1), the Council must have regard to the risks involved and comply with subsections (5A) and (5C). S. 193(5A) inserted by No. 34/1996 s. 26, substituted by No. 109/2003 s. 89(1). (5A) If the Council proposes to exercise any power under subsection (1), the Council must assess the total investment involved and the total risk exposure. S. 193(5B) inserted by No. 109/2003 s. 89(1). (5B) If the proposal involves both an investment and a risk exposure, the sum for the purposes of the application of subsection (5C) is the total of the sum of the total investment involved and the total risk exposure. S. 193(5C) inserted by No. 109/2003 s. 89(1). (5C) If the sum assessed under subsection (5A)— S. 193(5C)(a) amended by No. 67/2008 s. 69. (a) exceeds whichever is the greater of $100 000 or 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year, the Council must consider a risk assessment report (including appropriate reporting arrangements) from an appropriately qualified person; s. 193 S. 193(5C)(b) amended by No. 67/2008 s. 69. (b) exceeds whichever is the greater of $500 000 or 5% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year, the Council must— (i) consider a risk assessment report (including appropriate reporting arrangements) from an appropriately qualified person; and (ii) obtain the approval of the Minister; (c) exceeds $5 000 000, the Council must—
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
(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.
S. 219B def. of reviewer substituted by No. 58/2010 s. 25. reviewer means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002. S. 219C inserted by No. 109/2003 s. 32. 219C When is a review required? s. 219B (1) A review must be conducted— S. 219C(1)(a) repealed by No. 58/2010 s. 26(1)(a). * * * * * S. 219C(1)(b) amended by No. 58/2010 s. 26(1)(b). (b) before every third general election so as not to commence until 2 years before that general election; and S. 219C(1)(c) amended by No. 58/2010 s. 26(1)(c). (c) in respect of a particular Council, at any other time specified by the Minister by a notice published in the Government Gazette. S. 219C(2) repealed by No. 58/2010 s. 26(2). * * * * * S. 219C(3) amended by No. 58/2010 s. 26(3)(a). (3) A notice published under subsection (1)(c) may specify— (a) the earliest date that the review may commence; and S. 219C(3)(b) repealed by No. 58/2010 s. 26(3)(b). * * * * * (c) the date by which the final report must be submitted to the Minister. S. 219C(4) inserted by No. 58/2010 s. 26(4). (4) The Minister must give notice that a review be conducted in respect of a particular Council under subsection (1)(c) if—
(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. 240 Penalties s. 240 S. 240(1) repealed by No. 64/2009 s. 34. * * * * * S. 240(2) amended by No. 109/2003 s. 72(2)(d). (2) Unless expressly provided to the contrary any penalty recovered for an offence against this Act or any regulation or local law made under this Act must be paid to— (a) the Council which recovered the penalty; or (b) the Council on whose behalf the penalty was recovered. S. 240A inserted by No. 109/2003 s. 75. 240A Imposition of a surcharge S. 240A(1) substituted by No. 67/2008 s. 82(1). (1) This section applies if section 76 or 228 do not apply and the Secretary considers that— (a) any expenditure has been incurred in contravention of any Act, regulation or local law; or (b) any deficiency or loss has been incurred by the misconduct of a Councillor or a member of the Council staff; or
The returning officer may give any advice to members of the public relating to the conduct of an election that the returning officer considers appropriate. 5 Nomination form Sch. 2 (1) A candidate for election must— Sch. 2 cl. 5(1)(a) substituted by No. 54/1998 s. 3(1)(f), amended by No. 109/2003 s. 23(c). (a) complete a nomination form containing the details required by the regulations; and Sch. 2 cl. 5(1)(b) amended by No. 109/2003 s. 23(c). (b) sign the nomination form; and Sch. 2 cl. 5(1)(c) amended by No. 54/1998 s. 3(1)(e). (c) make a declaration in writing containing the details required by the regulations; and Sch. 2 cl. 5(1)(d) amended by Nos 11/2001 s. 3(Sch. item 42.4), 109/2003 s. 34(1). (d) pay to the Council the nomination fee of $250 or such higher amount as is prescribed in cash or by cheque drawn on account of an authorised deposit-taking institution. Sch. 2 cl. 5(1A) inserted by No. 35/2008 s. 26(4). (1A) Unless subclause (1B) applies, a candidate must sign the declaration referred to in subclause (1)(c) in the presence of the returning officer. Sch. 2 cl. 5(1B) inserted by No. 35/2008 s. 26(4). (1B) If a candidate is unable to sign the declaration referred to in subclause (1)(c) in the presence of the returning officer, the candidate must provide with the declaration a statutory declaration specifying that he or she— (a) is nominating;
Sch. 2 cl. 15(1) substituted by No. 76/1995 s. 16(2)(a). (1) A candidate may appoint 1 or more scrutineers. Sch. 2 Sch. 2 cl. 15(2) substituted by No. 15/1992 s. 21(a), repealed by No. 76/1995 s. 16(2)(a). * * * * * Sch. 2 cl. 15(2A) inserted by No. 15/1992 s. 21(a), substituted by No. 54/1998 s. 3(1)(i). (2A) The appointment of a scrutineer must be made in writing containing the details required by the regulations and must be delivered to the returning officer. Sch. 2 cl. 15(2B) inserted by No. 15/1992 s. 21(a). (2B) A separate form must be used for each appointment of a scrutineer. (3) A person cannot be appointed as a scrutineer if he or she is— (a) a Councillor of the Council; or (b) a candidate at the election; or Sch. 2 cl. 15(3)(c) amended by Nos 15/1992 s. 21(b), 54/1998 s. 15. (c) a candidate at any other election conducted simultaneously with that election in relation to the same Council; or Sch. 2 cl. 15(3)(d) inserted by No. 54/1998 s. 15, amended by Nos 24/1999 s. 49(b)(i)(ii), 23/2002 s. 198(10) (a)(b), substituted by No. 109/2003 s. 33(4). (d) a person appointed by an Electoral Commission or another Council to be involved in the conduct of the election if that Electoral Commission or Council has been appointed to conduct the election. Sch. 2
25 Death or incapacity of an elected candidate before the declaration of the result Sch. 2 (1) The death or incapacity of an elected candidate after the close of voting but before the declaration of the result does not affect the declaration of the election of any other elected candidates. (2) The vacancy arising as a result of the death or incapacity of the elected candidate is to be treated as an extraordinary vacancy occurring on the day on which the candidate would have been declared elected. Sch. 2 cl. 26 repealed by No. 76/1995 s. 16(1). * * * * * __________________ SCHEDULE 3 Sch. 3 Section 42 1—VOTING 1 Marking of ballot-papers (1) A person must mark his or her vote on the in the prescribed manner. (2) A ballot-paper can only be rejected if it is not marked as prescribed. (3) Except as otherwise expressly provided, a is to be given effect to according to the voter's intention so far as the voter's intention is clear. 2 Disadvantaged voters POLLS VOTERS
Sch. 3 cl. 13(1A) inserted by No. 54/1998 s. 17, substituted by No. 109/2003 s. 42(1). (1A) The following applies to recounts— (a) a recount may be conducted at the discretion of the returning officer; (b) the returning officer may conduct one or more recounts; (c) the returning officer must make reasonable efforts to notify candidates or their representatives before a recount is conducted. Sch. 3 cl. 13(1B) inserted by No. 54/1998 s. 17, repealed by No. 109/2003 s. 42(1). * * * * * (2) In conducting a recount the returning officer— (a) has the same powers as the authorised person in determining the number of votes for each candidate; and (b) may reverse any decision in relation to the allowance and admission or disallowance and rejection of any ballot-paper. (3) A candidate is not entitled to be present at a recount. Sch. 3 cl. 13(4) substituted by No. 109/2003 s. 42(2). (4) In respect of each candidate only one scrutineer for each authorised person involved in the recounting of ballot-papers can be present at any one time. Sch. 3 (5) Clause 15 of Schedule 2 applies to the scrutineers as if they had been appointed under that clause. Sch. 3 cl. 14 amended by No. 76/1995 s. 16(4), substituted by No. 109/2003 s. 43. 14 Report on election by returning officer
__________________ 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.
(3) The Council must also advise the owner and occupier of that land in writing of anything it has done on, or to, the land in the exercise of any power given to it by subclause (1). 5 Power to name roads, erect signs and require premises to be numbered (1) A Council may— (a) approve, assign or change the name of a road; and (b) erect signs on a road; and (c) approve, assign and change the number of a road and any premises next to a road; and (d) require people to number their premises and to renew those numbers. Sch. 10 cl. 5(2) substituted by Nos 27/1997 s. 27, 7/1998 s. 23. (2) The Council, in exercising a power under paragraph (a) of subclause (1) must act in accordance with the guidelines in force for the time being under the Names Act 1998 and must advise the Registrar under that Act of the action it has taken under that paragraph. 6 Power to establish survey marks A Council may cause standard survey marks to be established in roads. 7 Power to fix road alignment (1) A Council may fix the alignment of a road by a notice published in the Government Gazette. Sch. 10 Sch. 10 cl. 7(2) amended by No. 47/2004 s. 71(Sch. item 2). (2) If the road is vested in the Crown, or a body representing the Crown, the Council may only exercise this power after it has obtained the approval of the Surveyor-General after he or she has consulted the Surveyor and Chief Draughting Officer in the Office of Titles.
Assent Date: 25.5.99 Commencement Date: 25.5.99 : All of Act in operation The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999 Assent Date: 25.5.99 Commencement Date: 8.6.99: s. 2 : All of Act in operation Audit (Amendment) Act 1999, No. 53/1999 Assent Date: 14.12.99 Commencement Date: S. 26(Sch. item 15) on 1.1.00: Government Gazette 23.12.99 p. 2764 : This information relates only to the provision/s amending the Local Government Act 1989 Local Government (Best Value Principles) Act 1999, No. 59/1999 Assent Date: 21.12.99 Commencement Date: 22.12.99: s. 2 : All of Act in operation Local Government (Governance) Act 2000, No. 23/2000 Assent Date: 16.5.00 Commencement Date: 17.5.00: s. 2 : All of Act in operation Local Government (Restoration of Local Democracy to Melton) Act 2000, No. 55/2000 Assent Date: 31.10.00 Commencement Date: Ss 3, 4 on 1.11.00: s. 2(1); s. 5 on 17.10.01: s. 2(2) : This information relates only to the provision/s amending the Local Government Act 1989 City of Act 2001, No. 5/2001 Assent Date: 8.5.01 Commencement Date: S. 30 on 9.5.01: Special Gazette (No. 67) 9.5.01 p. 1 : This information relates only to the provision/s amending the Local Government Act 1989 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 42) on 1.6.01: s. 2(2) : This information relates only to the provision/s amending the Local Government Act 1989 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 74) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Local Government Act 1989 Endnotes Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date: 4.6.13 Commencement Date: S. 60(Sch. item 6) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 : This information relates only to the provision/s amending the Local Government Act 1989 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 22) on 1.7.14: s. 2(1) : This information relates only to the provision/s amending the Local Government Act 1989 Local Government Amendment (Performance Reporting and Accountability) Act 2014, No. 5/2014 Assent Date: 11.2.14 Commencement Date: Ss 4–10, 11(2)–(5), 12, 15, 16 on 18.4.14: s. 2(1) : This information relates only to the provision/s amending the Local Government Act 1989 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 99) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 : This information relates only to the provision/s amending the Local Government Act 1989 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 29) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Local Government Act 1989 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.