2 Commencement (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 of accounts repealed by No. 109/2003 s. 72(1)(a).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
(c) a member of Council staff who has been delegated a power, duty or function of the Council under section 98; S. 3(1) def. of assembly of Councillors inserted by No. 63/2012 s. 3(1). assembly of Councillors (however titled) means a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be— (a) the subject of a decision of the Council; or (b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee— but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation; S. 3(1) def. of auditor inserted by No. 33/1995 s. 4(2)(a). auditor means the Auditor-General; S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 42.1(a)). authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth; S. 3(1) def. of bank repealed by No. 11/2001 s. 3(Sch. item 42.1(b)). * * * * *
(c) if the notice is required to be given by the returning officer, the returning officer; Note See also section 82A(2) which requires any public notice to be given by the Council to be published on the Internet website of the Council. S. 3(1) def. of publish inserted by No. 109/2003 s. 25(1). publish means publish by any means including by publication on the Internet; S. 3(1) def. of rateable land inserted by No. 78/1991 s. 3(b). rateable land means any land that is rateable under section 154; S. 3(1) def. of rateable property inserted by No. 109/2003 s. 12(1)(d), amended by Nos 35/2008 s. 3(5), 65/2010 s. 420(Sch. 3 item 9). rateable property in relation to Division 1 of Part 3, means an occupancy which is separately valued under section 13DC of the Valuation of Land Act 1960 and is rateable land but does not include an occupancy that is used, or is intended to be used, for the sole purpose of— (a) parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or (b) mooring a single vessel within the meaning of section 3(1) of the Marine Safety Act 2010; or (c) storage, being a single lockable unit with a floor area not exceeding 25 square metres; S. 3(1) def. of Registrar inserted by No. 109/2003 s. 12(1)(d). Registrar means— (a) the Chief Executive Officer; or (b) if the Council has engaged an Electoral Commission to prepare the exhibition roll and the voters' roll, the relevant
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(1) def. of total remuneration inserted by No. 125/1993 s. 3(c), substituted as total annual remuneration by No. 109/2003 s. 68(1). total annual remuneration, in relation to a member of Council staff, means the total remuneration package to which the member is entitled for a financial year, including— (a) the gross annual salary; and (b) the annual cost in dollars to the Council of any other allowance, benefit or remuneration that the member of Council staff receives from the Council or that is paid or given by the Council
the owner or 2 owners that would otherwise be enrolled by virtue of subsection (4), the Chief Executive Officer must give effect to the request. (6) If a person is the owner of more than one rateable property in a municipal district, the person may by a written request containing the details required by the regulations delivered to the Council office by 4 p.m. on the entitlement date specify the location of the rateable property in respect of which the entitlement under this section is to be exercised. S. 13(7) amended by No. 35/2008 s. 5(3). (7) If a person is the owner of more than one rateable property in a municipal district and the Council does not receive a written request under subsection (6), the Chief Executive Officer— (a) must choose one rateable property in respect of which the entitlement under this section is to be exercised; and (b) may for the purposes of paragraph (a) choose the rateable property which has the highest capital improved value in the council valuation records at the entitlement date. S. 14 substituted by No. 109/2003 s. 10. 14 Owner ratepayers may apply for enrolment (1) Subject to subsections (2) and (3), a person who on the entitlement date— (a) is not a person referred to in section 12 or 13; and (b) is not less than 18 years of age or is less than 18 years of age but will attain the age of 18 years on or before election day; and S. 14(1)(c) amended by No. 35/2008 s. 6. (c) is an owner of any rateable property in the municipal district— is entitled as a ratepayer to apply to be enrolled on the voters' roll in respect of that rateable property.
Electoral Commission last supplied such a list; and (b) whose last recorded address was in the municipal district. (3) The Chief Executive Officer must supply to the Victorian Electoral Commission within the period specified by the Victorian Electoral Commission any information required by the Victorian Electoral Commission to prepare the voters' list. S. 21A inserted by No. 76/1997 s. 8, amended by No. 54/1998 s. 4(2), repealed by No. 109/2003 s. 11. * * * * * 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.
(a) the relevant charge is withdrawn; or (b) the Councillor is not convicted of the offence. S. 29(7) inserted by No. 67/2008 s. 11(3). (7) If— (a) a person is not capable of becoming a Councillor or cannot continue to be a Councillor because he or she has been convicted of an offence referred to in subsection (2); and (b) that person lodges an appeal in respect of the conviction— he or she is taken to be on leave of absence from the office of Councillor and their allowance must be withheld until the appeal is determined or withdrawn. 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—
S. 40A inserted by No. 33/1995 s. 21, amended by No. 76/1997 s. 10, repealed by No. 5/2001 s. 30(1). * * * * * S. 40B inserted by No. 76/1997 s. 11, repealed by No. 109/2003 s. 7(4). * * * * * 41 Holding of an election Schedule 2 has effect in respect of the holding of an election. S. 41A inserted by No. 99/1994 s. 7. 41A Election or poll by postal voting S. 41A(1) amended by Nos 76/1997 s. 12(1)(a), 35/2008 s. 17(1). (1) Subject to subsections (2A) and (2B), a Council may decide that all voting at an election or at a poll of voters is to be by means of postal voting. (2) If the Council makes such a decision, the returning officer must— S. 41A(2)(a) amended by No. 76/1997 s. 12(1)(b). (a) state in the public notice of the election or poll that all voting at the election or poll is to be by postal voting; and S. 41A(2)(b) amended by No. 76/1997 s. 12(1)(b). (b) send or deliver to each voter on the voters' roll who is entitled to vote at the election or poll—
S. 41A(4) amended by No. 76/1997 s. 12(1)(b). (4) Subject to this section, the election or poll is to be conducted in accordance with the regulations and the provisions of Schedules 2 and 3 that are not inconsistent with the regulations. 42 Voting and counting of votes and polls of voters Schedule 3 has effect in respect of voting at elections and the counting of votes and polls of voters. 43 Governor in Council may give directions (1) The Governor in Council may by Order in Council— (a) direct that an act or thing required to be done in connection with the preparation, printing or copying of a voters' roll which has been omitted or has not been completed, is to be done; and S. 43(1)(b)(c) repealed by No. 109/2003 s. 12(2)(b). * * * * * S. 43(1)(ca) inserted by No. 15/1992 s. 7(a), amended by No. 76/1997 s. 12(2). (ca) direct that an election or poll is to be held on or by a specified date; and S. 43(1)(d) amended by No. 15/1992 s. 7(b). (d) give any directions or provide for any matters or things as may appear to the Governor in Council to be necessary or expedient with respect to the conduct of any election or poll (including the conduct of an election or poll by a person other than the Council or its returning officer); and S. 43(1)(e) amended by No. 15/1992 s. 7(b), substituted by No. 64/2009 s. 39(a). (e) give directions in connection with any election or poll to— (i) any Council or any member of Council staff; 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; (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. 58(5) inserted by No. 76/1995 s. 8(2), amended by No. 64/2009 s. 14(8)(9). (5) A person who agrees to post a postal ballot-paper on behalf of a voter and who fails to post the ballot-paper in accordance with the agreement is guilty of an offence and liable to a fine not exceeding 10 penalty units. S. 58(6) inserted by No. 76/1995 s. 8(2). (6) It is a defence to a charge under subsection (5) if the ballot-paper was received by the returning officer in time for the ballot-paper to be counted in the election. S. 58A inserted by No. 76/1995 s. 9. 58A Offence to interfere with postal ballot materials S. 58A(1) amended by No. 64/2009 s. 15. (1) A person must not interfere with any material being, or to be, sent or delivered to a voter under section 41A(2)(b). 240 penalty units or imprisonment for 2 years. (2) This does not apply to a person who is acting with the authority of the returning officer. 59 Bribery, treating and undue influence S. 59(1) amended by No. 64/2009 s. 16(1). (1) A person must not ask for, receive or obtain, or offer or agree to ask for, or receive or obtain, any property or benefit of any kind for himself or herself or any other person, on an understanding that— (a) any vote of the first-mentioned person; or (b) any candidature of the first-mentioned person; or
S. 74B(3)(4) repealed by No. 67/2008 s. 7. * * * * * S. 74C inserted by No. 109/2003 s. 55. 74C Advisory panel (1) The Minister may appoint a local government panel under Part 10A to advise the Minister on matters relating to Councillor allowances and Mayoral allowances. S. 74C(2) substituted by No. 67/2008 s. 8(1). (2) A Council may make a submission to the local government panel requesting the panel to consider a change of category for the Council. S. 74C(2A) inserted by No. 67/2008 s. 8(1). (2A) The Minister may request a local government panel to review the category of Council for a particular Council with respect to allowances. S. 74C(3) substituted by No. 67/2008 s. 8(2). (3) If after considering a submission under subsection (2) or a request made by the Minister under subsection (2A), the local government panel finds that the category of Council for the Council should be changed or set at a particular level with respect to allowances, the local government panel may recommend to the Minister that the change be made pursuant to the findings of the local government panel. S. 74C(4) amended by No. 67/2008 s. 8(3). (4) The Minister must give effect to a recommendation under subsection (3) by notice in the Government Gazette. S. 75 substituted by No. 67/2008 s. 9. 75 Reimbursement of expenses of Councillors (1) A Council must reimburse a Councillor for expenses if the Councillor—
S. 102 amended by Nos 13/1990 s. 13(a), 22/1992 ss 4(1), 7(2)(a), repealed by No. 125/1993 s. 11(1), new s. 102 inserted by No. 125/1993 s. 12. 102 Restriction concerning the employment of excouncillors (1) A Council must not appoint to its staff any person who has been a Councillor of the Council within 2 years after he or she ceases to hold that office. (2) Any appointment that contravenes this section is void. Pt 4 Div. 4 (Heading) inserted by No. 63/2012 s. 18. Division 4—Complaints S. 103 amended by Nos 13/1990 s. 13(b), 78/1991 s. 13(b), 22/1992 ss 4(1), 7(2)(a), repealed by No. 125/1993 s. 11(1), new s. 103 inserted by No. 63/2012 s. 18. 103 Purpose of this Division The purpose of this Division is to ensure proper oversight of processes used by a Council in dealing with a complaint about the conduct of the Chief Executive Officer. S. 104 repealed by No. 125/1993 s. 11(1), new s. 104 inserted by No. 63/2012 s. 18. 104 Definitions In this Division— complaint means— (a) a written complaint by the complainant to the Council about the conduct of the Chief Executive Officer; or (b) a written complaint by the complainant about the conduct of the Chief Executive Officer to a person or body authorised under any Act to consider conduct of that kind; or
(a) specific fees; (b) maximum or minimum fees; (c) maximum and minimum fees; (d) scales of fees according to the value of goods or services provided for the fees or the project being assessed; (e) the payment of fees either generally or under specified conditions or in specified circumstances; (f) the reduction, waiver or refund, in whole or in part, of the fees. (3) If a local law provides for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply— (a) subject to specified conditions or in the discretion of any specified person or body; and (b) either generally or specifically— (i) in respect of certain matters or transactions or classes of matters or transactions; or (ii) in respect of certain documents or classes of documents; or (iii) when an event happens; or (iv) in respect of certain persons or classes of persons; or (v) in respect of any combination of matters, transactions, documents, events or persons. 114 Delegations A local law may—
(2) The Strategic Resource Plan must include in respect of at least the next 4 financial years— S. 126(2)(a) amended by No. 5/2014 s. 7(1). (a) financial statements describing the required financial resources in the form and containing the information required by the regulations; S. 126(2)(b) amended by No. 5/2014 s. 7(2). (b) statements describing the required resources, including human resources, in the form and containing the information required by the regulations. S. 126(2A) inserted by No. 5/2014 s. 7(3). (2A) Without limiting subsection (1), the Strategic Resource Plan must take into account services and initiatives contained in any plan adopted by the Council (so far as the plan relates to the period covered by the Strategic Resource Plan). S. 126(2B) inserted by No. 5/2014 s. 7(3). (2B) A Council that proposes to adopt a plan to provide services or take initiatives must ensure that the resources required for the plan are consistent with the Strategic Resource Plan (so far as the plan relates to the period covered by the Strategic Resource Plan). (3) A Council must— (a) review the Strategic Resource Plan during the preparation of the Council Plan; and (b) adopt the Strategic Resource Plan not later than 30 June each year. (4) A copy of the current Strategic Resource Plan must be available for inspection by the public at— (a) the Council office and any district offices; and
S. 130(6) amended by Nos 67/2008 s. 50, 5/2014 s. 11(3). (6) If a Council fails to submit a copy of the budget or revised budget 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. S. 130(7) amended by No. 5/2014 s. 11(4). (7) A Council must give the Minister any information concerning its budget or revised budget that the Minister requests. (8) A Council must comply with subsection (7)— S. 130(8)(a) amended by No. 5/2014 s. 11(4). (a) within 14 days of receiving a request in writing for the information from the Minister; or (b) within any longer period specified by the Minister in the request. (9) A copy of the budget or revised budget 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. 130(9) inserted by No. 5/2014 s. 11(5). Note In addition, a Council must ensure that the current budget or revised budget is published on the Council's Internet website (see section 82A(2)(ab)(iii)). S. 131 substituted by No. 109/2003 s. 71, amended by No. 67/2008 s. 51, substituted by No. 5/2014 s. 12. 131 Annual report—contents (1) A Council must prepare an annual report in respect of each financial year. (2) An annual report must contain the following, in respect of the financial year reported on— (a) a report of operations of the Council; (b) an audited performance statement; (c) audited financial statements;
(d) a copy of the auditor's report on the performance statement, prepared under section 132; (e) a copy of the auditor's report on the financial statements under Part 3 of the Audit Act 1994; (f) any other matter required by the regulations. (3) The report of operations of the Council must— (a) contain the following— (i) a statement of progress in relation to the Major Initiatives identified in the budget or revised budget for the financial year reported on; (ii) the results, in the prescribed form, of the Council's assessment against the prescribed governance and management checklist; (iii) all prescribed indicators of service performance for the services provided by the Council during that financial year and the prescribed measures relating to those indicators; (iv) results achieved for that financial year in relation to the performance indicators and measures referred to in subparagraph (iii); (v) any other information required by the regulations; (vi) any other information determined by the Council to be appropriate; and (b) be in the form determined by the Council.
156 Liability to pay rates and charges (1) The owner of land is liable to pay the rates and charges on that land. S. 156(2) amended by Nos 13/1990 s. 17, 34/1996 s. 16. (2) If the owner cannot be found or identified, the occupier of, or the mortgagee in possession of, the land is liable to pay the rates and charges. (3) If there is a person who is the private occupier or lessee of the land and the land is land on which rates and charges could not be declared if there were no such occupier or lessee, that person is liable to pay the rates and charges. S. 156(3A) inserted by No. 23/1993 s. 21. (3A) For the purposes of this Part and Part II of the Valuation of Land Act 1960 a caravan park is a single rateable property of which the caravan park owner is taken to be the occupier. S. 156(4) amended by No. 81/1989 s. 3(Sch. item 30.2). (4) A person who has a licence to pasture any animals on Crown land under the Forests Act 1958, the Land Act 1958 or the Water Act 1989, is liable to pay the rates and charges on that land as if it is rateable land. S. 156(5) amended by No. 96/1994 s. 57. (5) A person who has or should have a licence under the Land Act 1958 in respect of any unused roads or water frontages is liable to pay the rates and charges on that land as if it is rateable land. S. 156(5A) inserted by No. 35/1998 s. 17. (5A) A person who is a licensee of vested land under Part 3A of the Victorian Plantations Corporation Act 1993 is liable to pay the rates and charges on that land as if it is rateable land. S. 156(6) amended by No. 78/1991 s. 13(c)(i)(ii). (6) A rate or charge which is declared in relation to land and is unpaid and any unpaid interest on such a rate or charge and any costs awarded to a Council by a court or in any proceedings in relation to such a rate or charge or interest are a first charge on the land.
157 Which systems of valuing land may a Council use? (1) A Council may use the site value, net annual value or capital improved value system of valuation. S. 157(2) amended by No. 78/1991 s. 13(d). (2) A Council must publish public notice of its decision to change its system of valuation. S. 157(3) repealed by No. 76/1997 s. 13(a). * * * * * S. 157(4) repealed by No. 34/1996 s. 19(2). * * * * * S. 157(5) substituted by No. 34/1996 s. 17. (5) A person has a right to make a submission under section 223 on a Council's decision to change its system of valuation. 158 Declaring rates and charges S. 158(1) amended by Nos 99/1994 s. 3(2)(c), 5/2014 s. 13. (1) A Council must at least once in respect of each financial year declare by 30 June the following for that year— (a) the amount which the Council intends to raise by general rates, municipal charges, service rates and service charges; (b) whether the general rates will be raised by the application of— (i) a uniform rate; or S. 158(1)(b)(ii) substituted by No. 34/1996 s. 18(1). (ii) differential rates (if the Council is permitted to raise such rates under section 161(1)); or S. 158(1)(b)(iii) inserted by No. 34/1996 s. 18(1). (iii) urban farm rates, farm rates or residential use rates (if the Council is permitted to raise such rates under section 161A).
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). (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)). (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.
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
rates, municipal charges, service rates and service charges. S. 185B inserted by No. 33/1995 s. 3. 185B Minister may give directions concerning rates and charges S. 185B(1) amended by No. 109/2003 s. 88(1). (1) The Minister may, by Order published in the Government Gazette, direct a Council specified in the Order that the Council's general income in respect of a financial year— (a) is not to exceed the Council's general income in respect of a specified previous financial year; or (b) is not to exceed a specified percentage of the Council's general income in respect of a specified previous financial year. (2) The Minister may specify a percentage of more than, or less than, 100% under subsection (1)(b). S. 185B(3) repealed by No. 109/2003 s. 88(2). * * * * * S. 185B(4) substituted by No. 67/2008 s. 65(1). (4) An Order does not have effect in respect of a financial year unless it is published in the Government Gazette at least 1 month before the start of that financial year. (5) Subsection (4) also applies to any Order that amends a previous Order made under this section unless— (a) the amendment is to correct a typographical error or a mathematical miscalculation (or anything stemming from a mathematical
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(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— (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
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.
(3) The following provisions apply to the appointment of an administrator of a Council— (a) the administrator constitutes the Council and subject to any conditions of that person's appointment, must perform all the functions, powers and duties of the Council, which must be treated as if they were performed by the Council; (b) the administrator's appointment and anything done by the administrator is not invalid only by reason of a defect in relation to the appointment; S. 219(3)(c) amended by No. 109/2003 s. 72(2)(a). (c) the administrator is entitled to be paid the remuneration and allowances and is employed on the conditions which are fixed by the Minister and the remuneration and allowances are to be paid by the Council; (d) the administrator— (i) must not, without the Minister's consent, directly or indirectly engage in any paid employment outside the duties of the office of administrator; and (ii) may resign by a written notice of resignation addressed to the Governor in Council; (e) the office of the administrator becomes vacant if the administrator— (i) becomes bankrupt; or (ii) dies; or (iii) is removed or resigns from office; or (iv) is convicted of an indictable offence or of an offence which, if committed in , would be an indictable offence; or
(2) A Council must provide any information or assistance to the Minister that the Minister may request for the purposes of this section. Pt 10 Div. 4 (Heading and s. 219P) inserted by No. 58/2010 s. 32. Division 4—Review and subdivision review expenses S. 219P inserted by No. 58/2010 s. 32. 219P Victorian Electoral Commission's expenses The Victorian Electoral Commission may send to each Council an account of the reasonable expenses incurred as a consequence of the reviewer conducting an electoral representation review under section 219F or a subdivision review under section 219N. __________________ Pt 10A (Heading and ss inserted by No. 43/1993 s. 3, substituted by No. 27/1997 s. 21. S. 220A substituted by No. 27/1997 s. 21. 220A Local government panels The Minister may establish one or more local government panels— (a) to conduct a review of any matter relating to local government restructuring; (b) to advise her or him on any other matter. S. 220B substituted by No. 27/1997 s. 21. 220B Membership of panels (1) A local government panel may consist of up to 5 people.
(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. Sch. 2 cl. 8(1A) inserted by No. 76/1995 s. 14(a). (1A) A candidate may retire before the day of an election if the retirement will result in an uncontested election. Sch. 2 cl. 8(2) amended by No. 76/1995 s. 14(b)(i). (2) To retire in any other circumstance, a candidate must obtain an order from the Magistrates' Court that one of the following applies to the candidate— (a) he or she is not qualified to be a candidate as required by section 28(1); (b) he or she is disqualified by section 29(1) or 29(2); Sch. 2 cl. 8(2)(c) repealed by No. 76/1995 s. 14(b)(ii). * * * * * Sch. 2 cl. 8(3) amended by No. 76/1995 s. 14(c). (3) The candidate must give the returning office a notice of retirement signed by the candidate and, if applicable, a copy of the order obtained under subclause (2). Sch. 2 cl. 8(4) amended by No. 76/1995 s. 14(d). (4) The retirement takes effect upon the returning officer receiving the notice of retirement and, if applicable, the copy of the order. Sch. 2 cl. 8(4A) inserted by No. 76/1995 s. 14(e). (4A) If practicable, the returning officer must give public notice of a retirement before the day of the election.
Sch. 2 cl. 8(5) amended by No. 76/1995 s. 14(f)(i). (5) The following provisions apply upon the retirement of a candidate who has obtained an order under subclause (2)— Sch. 2 cl. 8(5)(a) repealed by No. 76/1995 s. 14(f)(ii). * * * * * (b) if a candidate retires after the ballot-papers have been printed the returning officer must take all practicable steps to remove the name of the retiring candidate from the (c) if the returning officer receives a completed ballot-paper on which the name of the retiring candidate has not been removed, the name of the retiring candidate 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; (d) if a candidate retires after 4 p.m. on the Monday before the day of the election, the returning officer may permit the remaining candidates to remove the name of the retiring candidate from their how-to-vote cards in a manner approved by the returning officer. Sch. 2 cl. 8(6) amended by No. 109/2003 s. 23(c). (6) The returning officer must keep the nomination form. Sch. 2 cl. 8(7) inserted by No. 109/2003 s. 34(4). (7) The returning officer must retain the nomination fee paid by a candidate who retires under this clause. Sch. 2 cl. 9 substituted by No. 15/1992 s. 17(b). 9 Death of a candidate
17 Conduct of the poll (1) The following provisions apply to a poll conducted under this Part— Sch. 3 cl. 17(1)(a) substituted by No. 54/1998 s. 3(1)(k). (a) ballot-papers to be used in the poll must contain the details required by the regulations; Sch. 3 cl. 17(1)(b) substituted by No. 76/1997 s. 12(3)(b). (b) the poll must be held on a Saturday and must start at 8 a.m. and close at 6 p.m. (unless all voting at the poll is to be by means of postal voting); Sch. 3 cl. 17(1)(ba) inserted by No. 43/1993 s. 18. (ba) a voter is only entitled to one vote at a poll; Sch. 3 cl. 17(1)(c) amended by Nos 13/1990 s. 6(2), 125/1993 s. 14(q), substituted by No. 35/2008 s. 32(1). (c) a scrutineer may be appointed in writing by the Minister or the Chief Executive Officer; Sch. 3 cl. 17(1)(d) amended by No. 35/2008 s. 32(2). (d) not later than 7 days after the poll has been held the returning officer must notify the Minister and the Council of— (i) the number of voters on the voters' roll; and Sch. 3 cl. 17(1)(d)(ii) amended by No. 13/1990 s. 6(2). (ii) the number of voters on the voters' roll who voted for the decision or proposed decision; and Sch. 3 cl. 17(1)(d)(iii) amended by No. 13/1990 s. 6(2). (iii) the number of voters on the voters' roll who voted against the decision or proposed decision;
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; relevant election means the election at which the vacating Councillor was elected; vacating Councillor means the person whose departure created the extraordinary vacancy (even if that person never became a Councillor). Sch. 3A cl. 2 substituted by No. 35/2008 s. 33. 2 Exclusion of candidate (1) The returning officer must exclude from participation in a countback any candidate which the returning officer knows has died or has otherwise ceased to be eligible to be elected as a Councillor. (2) An exclusion under subclause (1) may be made— (a) before the public notice is published under clause 6; or (b) after the public notice is published under clause 6 unless the countback procedure has been commenced. 3 Filling of multiple vacancies (1) If there is more than one extraordinary vacancy to be filled at any time, the extraordinary vacancy that occurred first is to be filled first.
(1) As soon as possible after the election of a candidate, the returning officer must publicly declare that candidate to be elected. (2) The returning officer must as soon as is practicable after making such a declaration— (a) give public notice of the name of the person elected; and (b) advise the Minister of the result. Sch. 3A cl. 18 repealed by No. 109/2003 s. 45. * * * * * 19 Replacement of a Councillor elected at a countback (1) In this clause— first vacating Councillor means a vacating Councillor who was elected at a general election; later vacating Councillor means a vacating Councillor who was elected to the office held by the first vacating Councillor as a result of a countback of votes under this Schedule (even if she or he is not the immediate successor of the first vacating Councillor). (2) If an extraordinary vacancy is caused by the departure of a later vacating Councillor, a reference in this Part (other than in subclause (1)) to vacating Councillor is to be read as a reference to the first vacating Councillor. Sch. 3A Pt 3 (Heading and cls 20–22) inserted by No. 109/2003 s. 46(3), repealed by No. 35/2008 s. 38. * * * * *
(3) The fee set for the purposes of subclause (1)(c) must not exceed an amount that reasonably represents the cost to the Council of impounding, moving, keeping and releasing the vehicle (including any relevant overhead and other indirect costs). Sch. 11 cl. 3(4) inserted by No. 63/2012 s. 28(3). (4) For the purposes of subclause (1), a Council may consider that a vehicle has been abandoned if the vehicle has not been moved for 2 months. Sch. 11 cl. 4 amended by No. 33/1995 s. 11(e). 4 Power to move obstructing vehicles A Council may move or impound any vehicle that is causing an unlawful obstruction, or that is unlawfully parked or left standing in an area designated by the Minister, and may charge the owner of the vehicle a fee of up to the amount of the fee set for the purposes of clause 3(1)(c). 5 Power to move other obstructions A Council may— Sch. 11 cl. 5(a) amended by No. 109/2003 s. 92(a)(b). (a) move any thing that encroaches on or obstructs the free use of a road or that reduces the breadth, or confines the limits, of a road (including any thing placed on the road under clause 9, 10 or 11); (b) require any person responsible for, or in control of, the thing to move it. 6 Power to restrict traffic near a construction site For the purposes of enabling works to be carried out on or over a road, or land next to a road, a Council may— (a) fence off and occupy part of the road; (b) erect a structure or temporary crossing for vehicles on, or over, the road; (c) permit a person to do anything the Council may do under paragraph (a) or (b).
This publication does not include amendments made to the Local Government Act 1989 by the following Act/s. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 57) not yet proclaimed : This information relates only to the provision/s amending the Local Government Act 1989 Filming Approval Act 2014, No. 51/2014 Assent Date: 12.8.14 Commencement Date: S. 9(Sch. 2 item 8) not yet proclaimed : This information relates only to the provision/s amending the Local Government Act 1989 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– At the date of this publication, the following provisions amending the Local Government Act 1989 were not in operation: Amending Act/s: Legal Profession Uniform Law Application Act 2014, No. 17/2014 SCHEDULE 2 57 Local Government Act 1989 57.1 In Schedule 4, clause 6(4) is repealed. 57.2 In Schedule 5, in clause 1, for the definitions of local legal practitioner and local practising certificate substitute— "local legal practitioner means an Australian legal practitioner whose home jurisdiction is Victoria; local practising certificate means an Australian practising certificate issued under the Legal Profession Uniform Law (Victoria) to an Australian legal practitioner whose home jurisdiction under that Law is Victoria;". —— Filming Approval Act 2014, No. 51/2014