(f) a by-pass; and (g) a bridge or ford; and (h) a footpath, bicycle path or nature strip; and (i) any culvert or kerbing or other land or works forming part of the road; S. 3(1) def. of Secretary inserted by No. 67/2008 s. 10. Secretary means Secretary to the Department; S. 3(1) def. of senior officer inserted by No. 125/1993 s. 3(c), substituted by No. 109/2003 s. 68(1), amended by Nos 64/2009 s. 36(3), 58/2010 s. 3(2)(b). senior officer means— (a) the Chief Executive Officer; (b) a member of Council Staff who has management responsibilities and reports directly to the Chief Executive Officer; (c) any other member of Council staff whose total remuneration exceeds $124 000 or a higher threshold amount specified by the Minister in accordance with section 97B; S. 3(1) def. of special committee inserted by No. 63/2012 s. 3(1). special committee means— (a) a committee established by a Council under section 86; (b) a committee that exercises a power, or performs a duty or function, of the Council that has been delegated to that committee under any Act; S. 3(1) def. of standard statements inserted by No. 109/2003 s. 72(1)(b), repealed by No. 5/2014 s. 4(c). * * * * *
S. 3(2)(b) amended by Nos 12/2004 s. 143(2), 6/2010 s. 203(1)(Sch. 6 item 29.1) (as amended by No. 45/2010 s. 22). (b) any proceedings for offences under the Transport (Compliance and Miscellaneous) Act 1983, the Road Management Act 2004 or the Road Safety Act 1986— road includes a shopping mall. S. 3(3) amended by No. 81/1989 s. 3(Sch. item 30.1), substituted by No. 33/1995 s. 8. (3) If the boundary of a municipal district is described by reference to a road, proposed road, railway line, former railway line or waterway (other than a waterway that forms part of the sea coast), that boundary is to be taken to be constituted by a line 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. (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—
S. 22 amended by Nos 13/1990 s. 4, 15/1992 s. 4, 125/1993 s. 14(d), 99/1994 s. 6(4)(5), 33/1995 s. 17, 76/1997 s. 9(1)(b), 54/1998 s. 4(3), 23/2002 s. 198(5), substituted by No. 109/2003 s. 11. 22 Chief Executive Officer to prepare voters' list of ratepayers (1) The Chief Executive Officer is responsible for the preparation of the voters' list of ratepayers prepared under this section and the maintenance of any records which may be required to facilitate the preparation of an accurate and complete voters' list. (2) The Chief Executive Officer must within 7 days of the exhibition roll date for a general election supply to the Registrar a voters' list of ratepayers for each ward of the persons who appear to the Chief Executive Officer to be entitled to be enrolled as at the exhibition roll date under sections 13, 14, 15 and 16 identifying those persons whose request that their address not be shown has been accepted. S. 22A inserted by No. 33/1995 s. 18, repealed by No. 5/2001 s. 30(1). * * * * * S. 23 amended by Nos 125/1993 s. 14(d), 23/2002 s. 198(6), substituted by No. 109/2003 s. 11. 23 Registrar to prepare exhibition roll (1) The Registrar must from the voters' lists received under sections 21 and 22 compile the exhibition roll for a general election. (2) The Registrar must remove from the voters' list received under section 22— (a) any person who appears on the voters' list supplied under section 21(1); and (b) any person who appears on the list supplied under section 21(2). (3) An exhibition roll may be prepared—
S. 29(8) inserted by No. 67/2008 s. 11(3), amended by No. 68/2009 s. 97(Sch. item 80.1). (8) If the conviction referred to in subsection (7) is quashed or set aside following the appeal— (a) the leave of absence the Councillor was required to take ceases; and (b) the Councillor is entitled to receive any allowances that were withheld during the leave period. S. 30 amended by No. 15/1992 s. 5(2)(b)–(e), substituted by No. 67/2008 s. 12. 30 Relief from disqualification (1) Any person convicted of an offence referred to in section 29(2), and disqualified, may apply to VCAT for relief from that disqualification after a period of 4 years from the date of the conviction. (2) VCAT may grant a person who has made an application under subsection (1) relief from disqualification if VCAT is satisfied that the person is a fit and proper person to seek office as a Councillor having regard to— (a) the nature of the offence that gave rise to the disqualification; and (b) the conduct of the person since the disqualification; and (c) any other relevant considerations. Pt 3 Div. 4 (Heading and ss 31, 32) amended by Nos 99/1994 s. 5(a), 54/1998 s. 5(1), substituted as Pt 3 Div. 4 (Heading and s. 31) by No. 109/2003 s. 15. Division 4—Holding of general elections
(4) A person must not nominate as a candidate for more than one election of Councillors to be held on the same day. (5) A person who has nominated as a candidate for an election as a Councillor of a Council can not nominate as a candidate for any other election as a Councillor unless at the time of the nomination 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(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 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). (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
S. 76AA def. of not-for-profit organisation inserted by No. 64/2009 s. 43. not-for-profit organisation means a body or organisation that— (a) operates exclusively for charitable, civil or other social purposes; and (b) does not share or allocate the funds or profits of the body or organisation with the owners, shareholders or executives of the body or organisation; relevant person means a person who is a— (a) Councillor; or (b) member of a special committee; or (c) member of Council staff. S. 76B inserted by No. 109/2003 s. 57, substituted by No. 67/2008 s. 14. 76B Primary principle of Councillor conduct It is a primary principle of Councillor conduct that, in performing the role of a Councillor, a Councillor must— (a) act with integrity; and (b) impartially exercise his or her responsibilities in the interests of the local community; and (c) not improperly seek to confer an advantage or disadvantage on any person. S. 76BA inserted by No. 67/2008 s. 14. 76BA General Councillor conduct principles In addition to acting in accordance with the primary principle of Councillor conduct specified in section 76B, in performing the role of a Councillor, a Councillor must— (a) avoid conflicts between his or her public duties as a Councillor and his or her personal interests and obligations;
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(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.
applies generally to a class or category of Council staff. S. 94B inserted by No. 27/1997 s. 4. 94B Restrictions concerning the appointment of senior officers (1) A Chief Executive Officer may only appoint a person to be a senior officer after she or he has invited applications for the position in a notice in a newspaper circulating generally throughout Victoria and has considered all applications received by her or him that comply with the conditions specified in the notice. (2) Subsection (1) does not apply if a Chief Executive Officer appoints a person to fill a senior officer's position on an acting basis for a period of not more than 12 months. (3) A Chief Executive Officer must ensure that a person who has filled a senior officer's position on an acting basis for 12 months is not remunerated in any way for anything the person does in respect of that position after that 12 month period (unless the person is appointed after the Chief Executive Officer has complied with subsection (1)). S. 94C inserted by No. 109/2003 s. 67. 94C Employment principles A Council must establish employment processes that will ensure that— (a) employment decisions are based on merit; (b) employees are treated fairly and reasonably; (c) equal employment opportunity is provided; (d) employees have a reasonable avenue of redress against unfair or unreasonable treatment.
S. 109 repealed by No. 125/1993 s. 11(1), new s. 109 inserted by No. 63/2012 s. 18. 109 Report by probity auditor (1) After the conclusion of the probity audit, the probity auditor must prepare a written report— (a) describing the processes used by the Council in dealing with the complaint; (b) containing a summary of the activities undertaken by the probity auditor in the course of conducting the probity audit; (c) including a statement of opinion by the probity auditor as to whether or not the Council has observed due probity in dealing with the complaint. (2) The probity auditor may specify that all or part of the probity report is, and must continue to be, confidential information for the purposes of section 77 as if— (a) it had been designated as confidential information in accordance with section 77(2)(c); and (b) section 77(2) and (3) did not otherwise apply. (3) The probity auditor must provide a copy of the report to the Council, the Mayor, the Chief Executive Officer and the Secretary. S. 110 repealed by No. 125/1993 s. 11(1), new s. 110 inserted by No. 63/2012 s. 18. 110 Provisions applying to probity auditor (1) A probity auditor is not, in respect of his or her office as a probity auditor, subject to the Public Administration Act 2004. (2) A probity auditor is entitled to be paid by the Council the amounts, and on the terms, fixed by the Secretary. (3) A probity auditor is not personally liable for anything done or omitted to be done in good faith—
S. 111(4C) inserted by No. 51/2014 s. 9(Sch. 2 item 8.3). (4C) A local law for or with respect to the issuing of film permits is inoperative to the extent that it is inconsistent with the film friendly principles. S. 111(5) inserted by No. 64/2009 s. 52. (5) A Council must have regard to any guidelines made by the Minister under section 111A when making local laws. S. 111(6) inserted by No. 64/2009 s. 52. (6) A Council must comply with any prescribed details relating to the preparation and content of local laws when making local laws. S. 111A inserted by No. 38/1996 s. 13, repealed by No. 2/2008 s. 57, new s. 111A inserted by No. 64/2009 s. 53. 111A Guidelines (1) The Minister may make guidelines for or with respect to— (a) the preparation, content and format of local laws; and (b) the details to be set out in any explanatory documents prepared in relation to proposed local laws. (2) The Minister must cause the guidelines to be published in the Government Gazette. (3) The guidelines take effect on the date of publication in the Government Gazette or such later date as is specified in the guidelines. (4) A Council may disregard any guidelines that are inconsistent with the Regulations. 112 Incorporation by reference (1) A local law may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (a) wholly or partially or as amended by the local law; or
S. 158(4A) inserted by No. 22/1992 s. 15(a), substituted by No. 27/1997 s. 9(2), amended by No. 109/2003 s. 78(2). (4A) If general rates, municipal charges, service rates or service charges— (a) are not payable in a lump sum; or (b) are payable in a lump sum but the first instalment is paid— the Council must send a notice that contains the information set out in subsections (4)(b) and (4)(c) at least 14 days before each of the second, third and fourth instalments are due. S. 158(4B) inserted by No. 27/1997 s. 9(2), amended by No. 109/2003 s. 78(3). (4B) Despite anything to the contrary in section 167, a failure to comply with subsection (4)(d) or (4A) alters the date on which the relevant payment is due to a day specified by the Council in the notice which is not less than 14 days after the date on which the notice relating to that payment is sent. (5) If a Council has declared more than one general rate, municipal charge, service rate or service charge for the year, it may levy any of those rates or charges as a combined rate or charge. (6) A Council must, as far as is practicable, levy all general rates, municipal charges, service rates and service charges which are declared in a financial year in the same financial year. S. 158A inserted by No. 78/1991 s. 5. 158A Rates and charges to be levied on each occupancy (1) If the Council levies a rate or charge on any land, the Council must separately levy that rate or charge in respect of each portion of that land for which the Council has a separate valuation. (2) If a valuation treats as a single rateable entity land that is owned separately by 2 or more people, a Council may apportion any rates or charges that apply to that land in accordance with the value that each separately owned parcel of that land bears in relation to the value of that land as a whole.
166 Variation of special rate or special charge (1) A special rate or special charge— (a) remains in force for the period specified in the declaration of it without any further declaration in any subsequent year; and (b) may be varied in relation to— (i) the amount to be paid; and (ii) the persons on whom it is levied (except as is specifically provided under section 178 or 180); and (iii) the land to which it applies. (2) A Council must ensure that those persons who are liable to pay a special rate or special charge which is varied are notified if it is varied. S. 166(3) inserted by No. 109/2003 s. 83. (3) If a variation of a special rate or special charge will result in— (a) persons being required to pay a special rate or special charge who were not previously required to do so; or S. 166(3)(b) amended by No. 67/2008 s. 58. (b) an increase equal to or greater than 10% in the amount of the special rate or special charge payable by a person— a Council must comply with subsections (1A), (1B) and (1C) of section 163 as if the variation were a declaration. S. 166(4) inserted by No. 109/2003 s. 83. (4) If subsection (3) applies, a person may make a submission under section 223.
S. 172(2) amended by No. 78/1991 s. 8(1), substituted by No. 27/1997 s. 13(2). (2) The interest— (a) is to be calculated at the rate fixed under section 2 of the Penalty Interest Rates Act 1983 that applied on the first day of July immediately before the due date for the payment; and (b) becomes payable— (i) if the payment was payable in instalments only, on and from the date on which the missed instalment was due; or (ii) if the payment was payable either in instalments or in a lump sum and the first instalment was paid by the date it was due, on and from the date on which the relevant subsequent missed instalment was due; or S. 172(2)(b)(iii) substituted by No. 63/2012 s. 22. (iii) if the payment was payable either in instalments or in a lump sum, and neither the first instalment nor the lump sum were paid by the dates the first instalment or the lump sum were due, on and from the date on which each missed instalment was due; and (c) continues to be payable until the payment or the recovery of the rates or charges. S. 172(2A) inserted by No. 78/1991 s. 8(2), substituted by No. 27/1997 s. 13(2). (2A) The Council may continue to require a person to pay interest in accordance with this section after it obtains a court order requiring the payment of the rates and charges payable (but only until the payment or the recovery of the rates or charges). S. 172(2B)(2C) inserted by No. 78/1991 s. 8(2), repealed by No. 27/1997 s. 13(2). * * * * *
184 Appeal to County Court S. 184(1) amended by Nos 78/1991 s. 11(a), 99/1994 s. 3(2)(h)(i), 34/1996 s. 24(a), substituted by No. 76/1997 s. 17. (1) A person who is aggrieved— (a) by a rate or charge imposed by a Council under this or any other Act; or (b) by anything included or excluded from such a rate or charge— may appeal to the County Court for a review of the rate or charge. S. 184(1A) inserted by No. 76/1997 s. 17. (1A) This section does not apply to a matter in respect of which an objection or appeal may be made under Part III of the Valuation of Land Act 1960 or under section 183. S. 184(1B) inserted by No. 76/1997 s. 17. (1B) The person must lodge the appeal with the Court within 60 days after first receiving written notice of the rate or charge. (2) The person may only appeal on one or more of the following grounds of appeal— S. 184(2)(a) amended by No. 22/1992 s. 15(e). (a) in the case of a rate (other than a special rate under section 221), that the land in respect of which the rate was declared was not rateable land; S. 184(2)(b) repealed by No. 78/1991 s. 11(b). * * * * * (c) that the rate or charge assessment was calculated incorrectly; (d) that the person levied with the rate or charge was not liable to be rated. (3) The County Court may make rules with respect to— (a) the procedure for applying to the Court; and (b) proceedings for hearing the application; and
(i) consider a risk assessment report (including appropriate reporting arrangements) from an appropriately qualified person; and (ii) obtain the approval of the Minister; and (iii) obtain the approval of the Treasurer. S. 193(5D) inserted by No. 109/2003 s. 89(1). (5D) The Minister may make guidelines for the purposes of subsections (5A) and (5C). S. 193(5E) inserted by No. 109/2003 s. 89(1). (5E) Guidelines made under subsection (5D) must be published in the Government Gazette. S. 193(5F) inserted by No. 109/2003 s. 89(1). (5F) Subsections (6) to (9) only apply if the approval of the Minister is required as a result of the application of subsection (5C). S. 193(5G) inserted by No. 109/2003 s. 89(1). (5G) Before a Council does anything under subsection (1) that would include participation in the formation or operation of, or any partnership, arrangement or venture with, an entity which would have the power to borrow money in its own right, the Council must obtain the approval of the Minister. (6) The Minister may request a Council to provide any additional information. (7) The Minister's approval may be given on any condition that the Minister thinks fit, including a condition that a poll of voters be held in respect of a decision of the Council to do anything referred to in subsection (1) or (4). S. 193(8) repealed by No. 35/2008 s. 24. * * * * * S. 193(9) amended by No. 13/1990 s. 24(a). (9) The Minister may in respect of a municipal enterprise—
(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. 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.
S. 208(2) amended by Nos 12/2004 s. 147(3), 6/2010 s. 203(1)(Sch. 6 item 29.4(b)) (as amended by No. 45/2010 s. 22). (2) If a Council is delegated a power under the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983, the Road Management Act 2004, the Road Safety Act 1986 or the regulations under those Acts, the Council must exercise that power in accordance with the Act or regulations under which the delegation is made. S. 208AA inserted by No. 30/2013 s. 60(Sch. item 6). 208AA Heavy Vehicle National Law (Victoria) A Council must not exercise its powers under this Division inconsistently with the functions and powers of the Regulator under the Heavy Vehicle National Law (Victoria) and the national regulations under that Law. Pt 9 Div. 3 (Heading and ss inserted by No. 40/1994 s. 3, amended by Nos 99/1994 ss 17, 18(1)(2), 33/1995 s. 6, 34/1996 ss 27, 33(e), 27/1997 ss 18–20, 76/1997 s. 18, substituted as Pt 9 Div. 3 (Heading and ss by No 59/1999 s. 4. Division 3—Best value principles S. 208A substituted by No. 59/1999 s. 4. 208A Best Value Principles to be followed A Council must comply with the Best Value Principles.
S. 219(10) amended by Nos 109/2003 s. 16(2)(c), 67/2008 s. 73(2). (10) An election under subsection (9)(a) must be held in accordance with the procedures for a general election. S. 219(11) amended by No. 76/1997 s. 13(c). (11) If the election is held, on the public declaration of the election result the administrator goes out of office. S. 219(12) amended by Nos 125/1993 s. 14(l), 76/1997 s. 13(c). (12) The Chief Executive Officer must summon a meeting of the Council within 14 days after the public declaration of the election result. Pt 10 Div. 2 (Heading and s. 220) amended by Nos 43/1993 s. 4(a), 76/1997 s. 19(1)(2), 5/2001 s. 30(2)(d), substituted as Pt 10 Div. 2 (Heading and ss by No. 109/2003 s. 32. Division 2—Electoral representation reviews S. 219A inserted by No. 109/2003 s. 32. 219A Purpose of this Division The purpose of this Division is to provide for independent reviews of electoral representation by all Councils on a regular basis to provide for fair and equitable representation. S. 219B inserted by No. 109/2003 s. 32. 219B Definitions In this Division— review means an electoral representation review;
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? (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 subdivision review (within the meaning of Division 3) has been conducted under
S. 219H inserted by No. 109/2003 s. 32. 219H Application of Division This Division applies to a Council if the Victorian Electoral Commission considers that— (a) the boundaries for the wards of a Council are unlikely to meet the requirement specified in section 219D(1)(c) at the time of the next general election; and (b) the Council is not scheduled to conduct an electoral representation review under Division 2 before the next general election. S. 219I inserted by No. 109/2003 s. 32. 219I Definitions In this Division— S. 219I def. of reviewer substituted by No. 58/2010 s. 29. reviewer means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002; subdivision review means a subdivision review conducted under section 219N. S. 219J inserted by No. 109/2003 s. 32. 219J Duty of Victorian Electoral Commission If this Division applies to a Council, the Victorian Electoral Commission must not later than 2 years before the Council is to hold a general election notify the Minister in writing that this Division applies to the Council. S. 219K inserted by No. 109/2003 s. 32, substituted by No. 58/2010 s. 30. 219K Power of Minister If the Minister receives notice from the Victorian Electoral Commission under section 219J in relation to a Council, the Minister may— (a) require the reviewer to conduct a subdivision review of the Council; and
(3) Without limiting the generality of subsection (2)(g), an Order in Council may provide for— (a) the non-application of sections 5(3) and 91(1) during a transitional period specified in the Order; (b) the fixing or alteration of the entitlement date for the purposes of any election; S. 220S(3)(c) amended by No. 109/2003 s. 56. (c) the non-application of sections 71, 74, 74A, 74B, 74C and 75 to persons appointed to administer a new or re-constituted Council; S. 220S(3)(d) amended by No. 109/2003 s. 72(2)(b). (d) the alteration of the date under section 130 by which a Council must adopt its first budget; S. 220S(3)(e) amended by No. 109/2003 s. 72(2)(c)(i)(ii). (e) the period within which a Council Plan in accordance with section 125 must be prepared; (f) the non-application of all or any of the requirements of section 157 as specified in the Order during a transitional period specified in the Order; (g) the alteration of the date under section 158 by which the Council must declare its rates and charges. S. 220T inserted by No. 43/1993 s. 3, substituted by No. 27/1997 s. 23. 220T Panel review not needed for minor boundary changes The Minister may, without complying with section 220P, recommend that an Order in Council be made to give effect to minor boundary changes if she or he certifies to the Governor in Council that— (a) the proposed changes are of a minor nature only; and
(4) A deputy returning officer is an authorised person for the purposes of this Act. (5) If the returning officer dies, resigns or becomes incapable of acting, a deputy returning officer nominated for the purpose of this subsection in his or her instrument of appointment is to be the returning officer. (6) The returning officer may by instrument of delegation delegate to any deputy returning officer or authorised person any power or duty of the returning officer other than this power of delegation. (7) The returning officer may appoint— (a) authorised persons to exercise the powers or duties delegated to them; and (b) interpreters for the purposes of an election. (8) A person who is a candidate at the election or a Councillor of the Council in respect of which the election is to be held cannot be appointed or act as a returning officer, authorised person or interpreter at the election or otherwise assist in the conduct of the election. 2 Declaration before carrying out duties Sch. 2 cl. 2(1) amended by No. 54/1998 s. 3(1)(e). (1) The returning officer must before acting as the returning officer for the first time in respect of a Council make a declaration in writing containing the details required by the regulations. Sch. 2 cl. 2(2) amended by No. 54/1998 s. 3(1)(e). (2) Any person appointed to be an authorised person or interpreter at an election must make a declaration in writing containing the details required by the regulations before carrying out any duties at that election. 3 Notice of election
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; (b) has personally signed the declaration; (c) is unable to sign the declaration in the presence of the returning officer and the reason or reasons why he or she is unable to do so. Sch. 2 cl. 5(2) amended by No. 109/2003 s. 23(c). (2) A candidate must be named in a nomination form by specifying— Sch. 2 cl. 5(2)(a) amended by No. 15/1992 s. 5(3). (a) the surname and the christian or given name, or one or more of the christian or given names and the address under which the candidate is or is entitled to be enrolled on the voters' roll; or (b) in the case of a by-election where the candidate is not enrolled on the voters' surname and the christian or given name, or one or more of the christian or given names and the address under which the candidate is entitled to be enrolled.
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. (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. 3 cl. 14(1) substituted by No. 35/2008 s. 30(1). (1) The returning officer must prepare a report to the Chief Executive Officer on the conduct of the election within the period of 3 months after election day. (2) The report must include a certified record of the number of ballot-papers and declarations printed, issued, used, spoiled and returned. Sch. 3 cl. 14(3) substituted by No. 35/2008 s. 30(2). (3) The Chief Executive Officer must ensure that the report is submitted to the Council at the earliest practicable meeting of the Council held after the report is received by the Chief Executive Officer. Sch. 3 cl. 15 amended by No. 125/1993 s. 14(q), substituted by No. 109/2003 s. 44. 15 Ballot material and records to be secured and stored All ballot material and records in respect of an election must be dealt with, kept and stored in accordance with the regulations. PART 6—PROVISIONS RELATING TO POLLS OF VOTERS Sch. 3 cl. 16 amended by No. 76/1997 s. 12(3)(a), repealed by No. 35/2008 s. 31. * * * * *
(2) If, in the opinion of the returning officer, it is impossible to determine which vacancy occurred first, the vacating Councillor who was elected first (either at the same election or in point of time) is deemed to have left her or his office before the other vacating Councillor or Councillors. (3) If it is still not possible to determine which vacancy occurred first despite subclause (2), the returning officer must determine by lot which extraordinary vacancy is to be filled first. 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.
(c) refuse or fail to produce a document that the person was required to produce by a summons. 10 penalty units or imprisonment for three months. 9 Contempt of a Tribunal A person must not— (a) insult a member of a Tribunal in or in relation to the exercise of the powers or functions of a member; or (b) repeatedly interrupt the proceedings of a Tribunal; or (c) create a disturbance or take part in creating or continuing a disturbance in or near a place where a Tribunal is sitting; or (d) do any other act or thing that would if a Tribunal were a Court of record constitute a contempt of that Court. 10 penalty units or imprisonment for three months. 10 Costs A Tribunal may make any order as to costs as it thinks just. Sch. 4 cl. 11 inserted by No. 43/1993 s. 19. 11 Enforcement of costs order (1) Costs awarded to a party are a debt due to that party and are recoverable in the Magistrates' Court.
(a) if subclause (1)(a) or (1)(b) applies, a copy of the application is provided to all parties; or (b) if subclause (1)(c) applies, a copy of the basis of the referral by VCAT is provided to all parties. (3) The CCP Registrar must provide the members of the Councillor Conduct Panel with copies of the application or the basis for the referral by VCAT as soon as possible after the MAV has advised the CCP Registrar of who those members are. (4) The CCP Registrar must not provide a copy of the application or referral or any other document relevant to a matter to any person other than in accordance with this Act unless the Councillor Conduct Panel instructs the CCP Registrar to do so. 6 Related applications (1) If a CCP Registrar receives an application (a subsequent application) that appears to be related to another application for which a Councillor Conduct Panel has already been formed, the CCP Registrar must forward the subsequent application directly to the existing Councillor Conduct Panel. (2) On receipt of the subsequent application, the Councillor Conduct Panel must decide, based on the subject matter of the subsequent application, either— (a) to join the subsequent application to the application the Panel was formed to hear; or (b) to return the subsequent application to the CCP Registrar without hearing the matter.
Sch. 12 cl. 11A inserted by No. 40/1994 s. 7(a), repealed by No. 59/1999 s. 5(d). * * * * * Sch. 12 cl. 11B inserted by No. 99/1994 s. 23. 11B Prescribing how the cost of a benefit, allowance or item of remuneration is to be calculated for the purposes of the definition of total remuneration in section 3(1). 12 Providing for the establishment of loan funds, reserve funds and other prescribed funds. 13 Providing for the handling or disposal of unclaimed money. 14 Providing for the dismissal or the reduction in status of members of Council staff. 15 Prescribing rights of appeal against dismissal or reduction in status. 16 Providing for the payment of long service leave and other benefits to members of Council staff. 17 Providing for termination and redundancy of members of Council staff, payments on termination and redundancy and appeals relating to termination and redundancy. Sch. 12 cl. 17A inserted by No. 64/2009 s. 61. 17A Prescribing details with respect to the preparation and content of local laws. 18 Prescribing fees and deposits for the purposes of this Act. 19 Prescribing forms for the purposes of this Act. Sch. 12 cl. 20 inserted by No. 40/1994 s. 7(b), substituted by No. 59/1999 s. 7. 20 Any matter relating to Division 3 of Part 9 including— (a) exempting a service or a class of service from the application of the Division;