of , any other State or Territory of the Commonwealth or the Commonwealth; s. 3 Council means a municipal council (including the Council of the City of and the Council of the City of ) whether constituted before or after the commencement of this section; Councillor means a person who holds the office of member of a Council; S. 3(1) def. of Councillor Code of Conduct inserted by No. 67/2008 s. 10. Councillor Code of Conduct means the code of conduct developed by a Council under section 76C; S. 3(1) def. of Councillor conduct principles inserted by No. 67/2008 s. 10. Councillor conduct principles means the principles specified in sections 76B and 76BA; S. 3(1) def. of Council staff repealed by No. 125/1993 s. 3(b), new def. of Council staff inserted by No. 64/2009 s. 36(1). Council staff means the persons who are members of Council staff; s. 3 S. 3(1) def. of Department inserted by No. 67/2008 s. 10. Department means the Department of Planning and Community Development; S. 3(1) def. of designated officer repealed by No. 125/1993 s. 3(b). * * * * *
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 entitlement date amended by Nos 13/1990 s. 5(2), 34/1996 s. 33(a), substituted by No. 109/2003 s. 12(1)(a). entitlement date means— (a) the day that is 57 days before the election day; or s. 3 (b) if the date determined under paragraph (a) is a public holiday, means the day which is the last working day before that day; S. 3(1) def. of exhibition roll inserted by No. 109/2003 s. 12(1)(b). exhibition roll means the roll prepared under section 23;
(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 s. 3 (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; s. 3 (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). standard statements means the relevant standard statements in respect of Strategic Resource Plans, budgets and annual reports as prescribed by the regulations; 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 to another person for the ultimate benefit of the member of Council staff (other than any allowances in relation
(e) acting as a responsible partner in government by taking into account the needs of other communities; (f) fostering community cohesion and encouraging active participation in civic life. S. 3E inserted by No. 109/2003 s. 5. 3E What are the functions of a Council? s. 3E (1) The functions of a Council include— (a) advocating and promoting proposals which are in the best interests of the local community; (b) planning for and providing services and facilities for the local community; (c) providing and maintaining community infrastructure in the municipal district; (d) undertaking strategic and land use planning for the municipal district; (e) raising revenue to enable the Council to perform its functions; (f) making and enforcing local laws; (g) exercising, performing and discharging the duties, functions and powers of Councils under this Act and other Acts; (h) any other function relating to the peace, order and good government of the municipal district. (2) For the purpose of achieving its objectives, a Council may perform its functions inside and outside its municipal district.
the person specifying that the enrolment of the person on the voters' roll will cease to have effect on the entitlement date and that if still entitled, an application to renew the enrolment can be made under section 14(4) or 15(8); or S. 23A(1)(b) substituted by No. 35/2008 s. 12(2). (b) if a corporation has exercised an entitlement under section 16, give a letter to the corporation specifying that the enrolment of the person on the voters' roll to represent the corporation will cease to have effect on the entitlement date and that if still entitled, an application to renew the enrolment can be made under section 16. S. 23A(1)(c) repealed by No. 35/2008 s. 12(2). * * * * * S. 23A(2) substituted by No. 35/2008 s. 12(3). (2) The Chief Executive Officer must send a letter not later than the date specified for the publishing of the public notice under subsection (5) after the commencement of the Local Government Amendment (Elections) Act 2008 to— s. 23A (a) each person who was enrolled on the voters' roll under section 13 for the last general election before the commencement of the Local Government Amendment (Elections) Act 2008 who will not be entitled to be enrolled on the voters' roll under section 13 for the next general election only because of the amendments made to this Act by the Local Government Amendment (Elections) Act 2008; and (b) each corporation that has exercised a right of entitlement under section 16(1) or 16(2) to appoint a voting representative before the commencement of the Local Government
(b) use any loud speaker or amplifier or any other apparatus or device for broadcasting or disseminating any matter intended or likely to affect the result of the election. 1 penalty unit. (3) Subsections (1) and (2) do not apply to any official statement or announcement made or exhibited under the authority of this Act. S. 54(4) repealed by No. 109/2003 s. 93(a). * * * * * S. 54(5) amended by No. 109/2003 s. 29(d), substituted by No. 64/2009 s. 8(2). (5) A person must not interfere with or attempt to interfere with a voter when the voter is marking his or her ballot-paper. 120 penalty units or imprisonment for 1 year. S. 55 amended by No. 15/1992 s. 11(a)(b), substituted by No. 109/2003 s. 24. 55 Printing and publication of electoral advertisements, handbills, pamphlets or notices s. 55 S. 55(1) amended by No. 64/2009 s. 9. (1) A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless the name and address of the person who authorised the electoral advertisement, handbill, pamphlet or notice appears at its end.
S. 60(3)(b) amended by No. 109/2003 s. 29(f). (b) attempt to obtain in the voting centre any information as to the candidate for whom any voter has or is to vote; or S. 60(3)(c) amended by No. 109/2003 s. 29(e). (c) communicate to any person any information obtained in a voting centre as to the candidate for whom any voter has or is to vote. 120 penalty units or imprisonment for 1 year. S. 60(4) repealed by No. 64/2009 s. 17(4). * * * * * S. 61 amended by No. 64/2009 s. 18. 61 Penalty on officers s. 61 Any returning officer, authorised person or interpreter who does any wilful or negligent act of omission or commission contrary to this Part is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 60 penalty units. Pt 3 Div. 9 (Heading and ss 62–62B) inserted by No. 109/2003 s. 30. Division 9—Election campaign donations
(b) must include a statement to the effect that no gifts of a kind required to be disclosed were received. S. 62A inserted by No. 109/2003 s. 30. 62A Responsibilities of Chief Executive Officer s. 62A S. 62A(1) amended by No. 44/2011 s. 5. (1) The Chief Executive Officer must within 14 days after the period specified in section 62(1) submit a written report to the Minister specifying— (a) the names of the persons who were candidates in the election; and (b) the names of the persons who submitted a return under section 62. S. 62A(2) repealed by No. 58/2010 s. 6(1), new s. 62A(2) inserted by No. 63/2012 s. 9. (2) The Chief Executive Officer must ensure that, within 14 days after the period specified in section 62(1), a summary of each election campaign donation return given to the Chief Executive Officer under section 62 is made available on the Internet website of the Council. S. 62A(2A) inserted by No. 63/2012 s. 9. (2A) If an election campaign donation return is given after the period specified in section 62(1), the Chief Executive Officer must ensure that a summary of the return is made available on the Internet website of the Council. S. 62A(2B) inserted by No. 63/2012 s. 9. (2B) A summary of an election campaign donation return must include the following information in respect of the candidate who gave the election campaign donation return— (a) the name of the candidate; (b) if a gift is included in the return, the name of the person who made the gift and the total value of the gift received from that person.
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. 77B inserted by No. 109/2003 s. 60, substituted by No. 67/2008 s. 21. 77B Direct interest s. 77B (1) A person has a direct interest in a matter if there is a reasonable likelihood that the benefits, obligations, opportunities or circumstances of the person would be directly altered if the matter is decided in a particular way. (2) Without limiting subsection (1), a person has a direct interest in a matter if— (a) there is a reasonable likelihood that the person will receive a direct benefit or loss that can be measured in financial terms if the matter is decided in a particular way; S. 77B(2)(b) substituted by No. 58/2010 s. 10(1). (b) the person has, or the person together with a member or members of the person's family have, a controlling interest in a company or other body that has a direct interest in the matter. S. 77B(3) inserted by No. 58/2010 s. 10(2). (3) A person who has a membership in a club or organisation that has a direct interest in a matter— (a) does not, by reason of that membership, have a direct interest in the matter under subsection (1); and (b) does not have an indirect interest in the matter, by reason of that membership, unless the person has an indirect interest in the matter under section 78A, 78B or 78C. S. 77B(4) inserted by No. 58/2010 s. 10(2). (4) In subsection (2), controlling interest has the same meaning as it has in section 72(2) of the Payroll Tax Act 2007.
S. 79(2)(b)(ii) amended by No. 58/2010 s. 14(2). (ii) an indirect interest and specifying the particular kind of indirect interest under section 78, 78A, 78B, 78C, 78D or 78E; and (c) describing the nature of the interest; and (d) if the Councillor or member advised the Chief Executive Officer of the details under paragraph (a)(ii), the Councillor or member must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting. S. 79(3) repealed by No. 58/2010 s. 14(3), new s. 79(3) inserted by No. 63/2012 s. 11. (3) For the purposes of section 79(2)(a)(i), if a Councillor or member of a special committee has a conflict of interest in two or more matters which are to be considered or discussed consecutively at a meeting of the Council or the special committee, the Councillor or member may make a full disclosure of each of those interests immediately before the first matter is considered at the meeting. s. 79 S. 79(4) repealed by No. 58/2010 s. 14(3). * * * * * (5) The Chief Executive Officer must— (a) keep written disclosures given to him or her under this section in a secure place for 3 years after the date the Councillor or member of a special committee who made the disclosure ceases to be Councillor or member of a committee; and (b) destroy the written disclosure when the 3 year period referred to in paragraph (a) has expired.
or funding be considered for inclusion in the budget, revised budget or Council Plan. S. 79D inserted by No. 67/2008 s. 22. 79D Person may make submission despite conflict of interest s. 79D (1) Subject to subsection (2), a relevant person who has a conflict of interest in a matter and who has made a written submission under section 223 in respect of the matter, may present his or her submission under section 223(1)(b) to the Council or committee of the Council. (2) The relevant person who has a conflict of interest in a matter must not be at the meeting of the Council or committee of the Council any longer than is required for the person to be heard in support of the person's written submission. 80 Exemption by Minister S. 80(1AA) inserted by No. 64/2009 s. 48. (1AA) Despite section 79, the Minister may, of his or her own motion, exempt in writing a person, other than a Councillor, from any or all of the provisions of section 79 for an unlimited or specified period, subject to any conditions the Minister thinks fit if the Minister is satisfied that— (a) extraordinary circumstances exist that justify the exemption of the person; and (b) it is in the public interest to exempt the person. S. 80(1AB) inserted by No. 64/2009 s. 48. (1AB) In exempting a person under subsection (1AA), the Minister must have regard to the extent of the conflict of interest of the person. S. 80(1) substituted by No. 67/2008 s. 23(1). (1) Despite section 79— (a) a Council may apply, in writing, to the Minister for an exemption of any Councillor from any or all of the provisions of section 79 if the Council is of the opinion
(3) A disclosure made by a person under subsection (2) must be recorded in the minutes of the meeting. (4) A person who has made a disclosure under subsection (2) must disclose the nature of the interest if required to make that disclosure by the Council or committee. S. 80C(5) amended by No. 58/2010 s. 19(2). (5) Sections 77A to 78E apply to a person to whom this section applies as if the person were a relevant person under this Division. 81 Register of interests (1) In this section— S. 81(1) def. of nominated officer substituted by No. 99/1994 s. 9(a), amended by No. 67/2008 s. 25(1)(a). nominated officer means the senior officers of the Council and any other member of the Council staff nominated by the Chief Executive Officer; S. 81(1) def. of relative inserted by No. 58/2010 s. 20(1). relative has the same meaning as relative has in section 78; S. 81(1) def. of return period amended by Nos 34/1996 s. 4(1)(a), 67/2008 s. 25(1)(b)(c). return period in relation to the ordinary return of a Councillor, member of a special committee or nominated officer means— (a) if the last return of the Councillor, member of a special committee or nominated officer was a primary return, the period between the date of the primary return and the date the ordinary return is submitted; or s. 81 (b) if the last return of the Councillor, member of a special committee or nominated officer was an ordinary return, the period between the date of
101 Long service leave s. 101 (1) A Council must implement appropriate long service leave arrangements for Council staff in accordance with the regulations. S. 101(2) repealed by No. 63/2012 s. 17. * * * * * 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.
probity means the integrity of processes used by the Council in dealing with a complaint, including processes to ensure that so far as it is reasonably practicable and within the responsibility of the Council— s. 105 (a) any relevant statutory procedures have been complied with; (b) any order made by a court or tribunal in any proceedings relating to the complaint has been given effect to; (c) natural justice has been afforded; (d) the privacy of personal information has been protected; (e) confidentiality under section 77 has been maintained; probity auditor means a person appointed by the Secretary under section 107. S. 105 repealed by No. 125/1993 s. 11(1), new s. 105 inserted by No. 63/2012 s. 18. 105 Chief Executive Officer must advise of complaint If the Chief Executive Officer becomes aware of a complaint, the Chief Executive Officer must— (a) immediately advise the Mayor about the complaint; and (b) at the next meeting of the Council, advise the Council about the complaint when the meeting is closed to members of the public. S. 106 repealed by No. 125/1993 s. 11(1), new s. 106 inserted by No. 63/2012 s. 18. 106 Request to appoint a probity auditor (1) The Chief Executive Officer may, at any time after complying with section 105(a), request the Secretary to appoint a probity auditor in relation to the complaint.
S. 138 substituted by No. 109/2003 s. 71. 138 Quarterly statements S. 138(1) amended by No. 67/2008 s. 53. (1) At least every 3 months, the Chief Executive Officer must ensure that a statement comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented to the Council at a Council meeting which is open to the public. (2) The regulations may prescribe matters to be included in the statement. S. 139 substituted by No. 109/2003 s. 71. 139 Audit committee s. 139 (1) A Council must establish an audit committee. (2) An audit committee is an advisory committee. (3) An audit committee must be constituted in the prescribed manner. (4) An audit committee has the functions and responsibilities prescribed for the purposes of this section. S. 139(4A) inserted by No. 67/2008 s. 54. (4A) Sections 76D and 79 apply to members of an audit committee as if they were members of a special committee of the Council. (5) The Minister may make guidelines for the purposes of this section. (6) Guidelines made under subsection (5) must be published in the Government Gazette. (7) A Council may pay a fee to a member of an audit committee who is not a Councillor or member of Council staff. S. 140 substituted by No. 109/2003 s. 71. 140 Accounts and records (1) A Council has a duty to ensure that there are kept in accordance with the regulations—
the meaning of section 3(1) of the Veterans Act 2005; or s. 154 (ii) as a sub-branch of the Returned Services League of Australia; or (iii) by the Air Force Association (Victoria Division); or (iv) by the Australian Legion of ExServicemen and Women (Victorian Branch). (3) For the purposes of subsections (2)(a) and (2)(b) any part of the land is not used exclusively for public or municipal purposes if— (a) it is used for banking or insurance; or (b) a house or flat on the land— (i) is used as a residence; and (ii) is exclusively occupied by persons including a person who must live there to carry out certain duties of employment; or (c) it is used by the Metropolitan Fire Brigades Board. S. 154(3A) inserted by No. 98/1998 s. 47. (3A) For the purposes of subsection (2)(b), any part of land does not cease to be used exclusively for public purposes only because it is leased— S. 154(3A)(a) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 29.2) (as amended by No. 45/2010 s. 22), 29/2011 s. 3(Sch. 1 item 55.2). (a) to a rail freight operator within the meaning of the Transport (Compliance and Miscellaneous) Act 1983; or (b) to a passenger transport company within the meaning of that Act.
(a) total revenue from a municipal charge; and (b) total revenue from general rates— in that financial year. S. 159(3) inserted by No. 78/1991 s. 6, substituted by No. 43/1993 s. 14. (3) A person may apply to a Council for an exemption from the payment of a municipal charge on rateable land if— s. 159 (a) the rateable land in respect of which the exemption is claimed is farm land within the meaning of section 2(1) of the Valuation of Land Act 1960 or would be farm land if it were 2 hectares or more in area; and (b) the rateable land forms part of a single farm enterprise; and (c) an exemption is not claimed in respect of at least one other rateable property which forms part of the single farm enterprise; and (d) in the case of a single farm enterprise which is occupied by more than one person, an exemption is not claimed in respect of more than one principal place of residence. S. 159(4) inserted by No. 43/1993 s. 14. (4) In subsection (3)— single farm enterprise means 2 or more rateable properties— (a) which— (i) are farm land; and (ii) are farmed as a single enterprise; and (iii) are occupied by the same person or persons— whether or not the properties are contiguous; or (b) which—
166 Variation of special rate or special charge s. 166 (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.
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.
169 Rebates and concessions (1) A Council may grant a rebate or concession in relation to any rate or charge— (a) to assist the proper development of the municipal district; or (b) to preserve buildings or places in the municipal district which are of historical or environmental interest; or (c) to restore or maintain buildings or places of historical, environmental, architectural or scientific importance in the municipal district; or (d) to assist the proper development of part of the municipal district. S. 169(1A) inserted by No. 109/2003 s. 84(1). (1A) A Council resolution granting a rebate or concession must specify the benefit to the community as a whole resulting from the rebate or concession. S. 169(1B) inserted by No. 109/2003 s. 84(1), amended by No. 64/2009 s. 57(1). (1B) Unless subsection (1D) applies, a Council may only grant a rebate or concession— (a) to owners of specified rateable properties not exceeding one third of the rateable properties in the municipal district; or (b) to owners of rateable properties who undertake to satisfy terms that directly relate to the community benefit as are specified by the Council. S. 169(1C) inserted by No. 109/2003 s. 84(1), amended by No. 67/2008 s. 60. (1C) If subsection (1B)(a) applies and subsection (1B)(b) does not apply, a person may make a submission under section 223. s. 169
regional corporation determines should be included; and S. 196(5)(b) amended by No. 99/1994 s. 12(2). (b) be kept at the office of the regional library; and S. 196(5)(c) amended by No. 99/1994 s. 12(2). (c) be used only by resolution of the regional library. S. 196(6) amended by No. 99/1994 s. 12(2). s. 196 (6) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of a regional library on any document and must presume that the document was properly sealed until the contrary is proved. S. 196(7) substituted by No. 99/1994 s. 12(3), amended by Nos 27/1997 s. 17, 23/2000 s. 5(a)(b), substituted by No. 109/2003 s. 72(3). (7) The following provisions apply to a regional library as if it were a Council and as if the members of its governing body were Councillors— S. 196(7)(a) amended by No. 64/2009 s. 59(1). (a) sections 75 to 81 (except section 75C); S. 196(7)(b) amended by No. 63/2012 s. 24. (b) Division 2 of Part 4 (except sections 84 and 89); (c) Division 3 of Part 4 except— (i) section 98; and (ii) that a reference to a senior officer is to be construed as if paragraph (b) of the definition of senior officer were omitted;
(2) A regional library must keep a register of all delegations made by it. S. 197C inserted by No. 99/1994 s. 13, repealed by No. 33/1995 s. 4(2)(c). * * * * * S. 197D inserted by No. 99/1994 s. 13, substituted by No. 109/2003 s. 73. 197D Library Plan s. 197D Section 125 applies to a regional library as if— (a) a reference to a Council were a reference to a regional library; (b) a reference to a Council Plan were a reference to a Library Plan; S. 197D(c) substituted by No. 63/2012 s. 25. (c) for subsection (1) there were substituted— "(1) A regional library must prepare and approve a Library Plan within 6 months after the date the regional library becomes a body corporate and by 30 June following a general election conducted under section 31(1).". S. 197E inserted by No. 99/1994 s. 13, substituted by No. 109/2003 s. 73, repealed by No. 67/2008 s. 71, new s. 197E inserted by No. 63/2012 s. 26. 197E Attendance at meetings of the governing body of a regional library (1) A member of the governing body of a regional library may participate in a meeting of the governing body by electronic means of communication, if permitted under a local law made by the regional library which complies with subsection (2). (2) A local law made for the purposes of subsection (1) must— (a) specify how many members must attend the meeting in person; and
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. 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. 208B substituted by No. 59/1999 s. 4. 208B Best Value Principles s. 208A The Best Value Principles are— (a) all services provided by a Council must meet the quality and cost standards required by section 208D;
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—
effect to in the voter's order of preference in respect of the remaining candidates. 7 Withdrawal of nomination Sch. 2 cl. 7(1) amended by Nos 76/1995 s. 13(a), 54/1998 s. 13(1), 109/2003 s. 23(a), 35/2008 s. 26(1)(2). Sch. 2 (1) A candidate may withdraw a nomination before 12 noon on the 32nd day before election day. Sch. 2 cl. 7(2) substituted by No. 54/1998 s. 3(1)(g). (2) A notice of withdrawal must contain the details required by the regulations and must be signed by the candidate. Sch. 2 cl. 7(3) amended by No. 109/2003 s. 23(c). (3) The returning officer must keep the nomination form. Sch. 2 cl. 7(4) substituted by No. 109/2003 s. 34(3). (4) The returning officer must retain the nomination fee paid by a candidate who withdraws their nomination under this clause. Sch. 2 cl. 8 repealed by No. 15/1992 s. 17(a), new Sch. 2 cl. 8 inserted by No. 43/1993 s. 17. 8 Retirement of a candidate (1) A candidate may retire before a declaration of an election is made or, if an election is to be held, before the day of the election, only in accordance with this clause. 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— Sch. 2 (a) he or she is not qualified to be a candidate as required by section 28(1);
(6) If the number of candidates exceeds the number of vacancies to be filled, an election must be held. (7) The returning officer must give notice of— (a) an extraordinary vacancy under subclause (4); and (b) an election under subclause (6). Sch. 2 cl. 11 substituted by No. 109/2003 s. 38. 11 Availability of nomination information (1) The returning officer must ensure that nomination forms are available for inspection during ordinary office hours at the returning officer's office. (2) The returning officer may provide a list of candidates for an election which specifies contact details for each candidate. Sch. 2 cl. 12 amended by No. 15/1992 ss 18, 20, repealed by No. 76/1995 s. 16(1). * * * * * Sch. 2 Sch. 2 cl. 13 amended by No. 15/1992 s. 19(a)(b), repealed by No. 76/1995 s. 16(1). * * * * * 14 Ballot-papers Sch. 2 cl. 14(1) substituted by No. 54/1998 s. 3(1)(h). (1) Ballot-papers for an election must contain the details required by the regulations. Sch. 2 cl. 14(2) amended by Nos 76/1995 s. 13(c), 54/1998 s. 13(1), 35/2008 ss 26(1)(2), 28. (2) The returning officer must as soon as practicable after 12 noon on the 32nd day before election day hold a ballot by lot whether manually or by electronic means to determine the order in which the name of each candidate is to appear on the ballot-paper.
Sch. 3 cl. 2(2A) inserted by No. 54/1998 s. 16. (2A) The voter may also request— (a) a person nominated by the voter; or (b) an authorised person— to complete any certificate or declaration that must accompany a postal vote or to sign such a certificate or declaration on the voter's behalf. Sch. 3 cl. 2(3) amended by Nos 76/1995 s. 16(3)(a), 109/2003 s. 29(i). (3) If the voter makes the request at a voting centre, an authorised person must be present when the ballot-paper is marked and at the request of the voter may inspect the ballot-paper before it is placed in the ballot-box. Sch. 3 (4) The voter may indicate the manner in which he or she wants to mark his or her vote by presenting a statement in writing. Sch. 3 cl. 2(5) amended by Nos 76/1995 s. 16(3)(b), 34/1996 s. 33(g), 29/2006 s. 3(Sch. 1 item 18). (5) If subclause (3) applies, the person assisting the voter must without allowing the manner in which the ballot-paper has been marked to be disclosed, deposit it in the ballot-box and leave the voting centre. Sch. 3 cls 3, 4 repealed by No. 76/1995 s. 16(4). * * * * * 2—GENERAL PROVISIONS 5 Place where votes to be counted Sch. 3 cl. 5(1) amended by No. 15/1992 s. 22, repealed by No. 76/1995 s. 16(4). * * * * * (2) The returning officer must advise each candidate before election day where the count is to be made.
(d) the candidate who has then received the greatest number of votes if that number constitutes an absolute majority of votes is to be declared elected by the returning officer; (e) if no candidate then has an absolute majority of votes the process of declaring the candidate who has the fewest votes a defeated candidate and distributing the ballot-papers counted to the defeated candidate amongst the non-defeated candidates next in order of the voters' preference is to be repeated until 1 candidate has received an absolute majority of votes and is declared elected by the returning officer; Sch. 3 cl. 10(f) substituted by No. 109/2003 s. 41(1). (f) if on any count 2 or more candidates have an equal number of votes and 1 of them has to be declared a defeated candidate, the result is to be determined— (i) by declaring whichever of those candidates had the fewest votes at the last count at which those candidates had a different number of votes to be defeated; or Sch. 3 (ii) if a result is still not obtained or there has been no count, by lot by the returning officer; Sch. 3 cl. 10(g) substituted by Nos 109/2003 s. 41(1), 38/2005 s. 21(1). (g) if on the final count 2 candidates have an equal number of votes, the result is to be determined by lot by the returning officer. Sch. 3 Pt 4 (Heading and cl. 11) repealed by No. 109/2003 s. 40(a). * * * * *
(b) the aggregate of first preference votes received by the candidate and all other votes obtained by the candidate on transfers— is equal to the quota, all the ballot-papers expressing those votes are to be set aside as finally dealt with. (27) For the purposes of this clause each of the following constitutes a separate transfer— (a) a transfer under subclause (7), (9) or (14) of all the surplus votes of an elected candidate; (b) a transfer in accordance with subclause (12)(a) of all first preference votes of an excluded candidate; Sch. 3 Sch. 3 cl. 11B(27)(c) substituted by No. 35/2008 s. 29. (c) a transfer in accordance with subclause (12)(b) of all the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value. 5—MISCELLANEOUS PROVISIONS 12 Adjournment of count Sch. 3 cl. 12(1) repealed by No. 15/1992 s. 23. * * * * * (2) The returning officer may from time to time adjourn the count of votes. (3) If the count of votes is adjourned the returning officer must advise the scrutineers and the authorised persons of the adjournment. Sch. 3 cl. 12(4)–(6) repealed by No. 76/1995 s. 16(4). * * * * *
(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.
(2) Despite clause 3(1), by-elections to fill 2 or more vacancies may be held at the same time. Sch. 3A cl. 8 amended by No. 35/2008 s. 36. 8 Other matters Sch. 3A Clauses 15 and 17 of Schedule 2 and clauses 12 and 13 of Schedule 3 apply to a countback of votes. PART 2—COUNTBACK PROCEDURE Sch. 3A cl. 9 repealed by No. 109/2003 s. 46(2). * * * * * Sch. 3A cl. 10 repealed by No. 109/2003 s. 45, new Sch. 3A cl. 10 inserted by No. 35/2008 s. 37. 10 Counting of votes at a countback (1) The returning officer may count the votes at a countback manually or by the use of electronic counting equipment and systems. (2) The returning officer must not use electronic counting equipment and systems unless the returning officer, after conducting any tests for the purpose that the returning officer considers appropriate, certifies in writing that— (a) the electronic form of the ballot-papers is an accurate copy of all the ballot-papers on which a vote was cast in the relevant election; and (b) the countback can be conducted using electronic counting equipment and systems. (3) If the countback is conducted using electronic counting equipment and systems, the returning officer may modify the process applying under clauses 11 to 16 to the extent necessary to facilitate the use of the electronic counting equipment and systems. 11 Relevant ballot-papers to be ascertained Sch. 3A
(i) the vacating Councillor; or (ii) a person elected at the relevant election or at a countback of votes; or (iii) a person who is not participating in the countback of votes; and (b) a preference that has been disregarded is to be taken to be substituted for the next available preference on the ballot-paper that is not for a person listed in paragraph (a)(i), (ii) or (iii); and (c) a first preference for a participating eligible candidate who was excluded at the relevant election that appears on a ballot-paper that was transferred to the vacating Councillor is to be counted for that candidate. 13 Countback to be stopped if absolute majority obtained Sch. 3A (1) After the transfers required by clause 12 have been completed, if a participating eligible candidate has an absolute majority the returning officer must declare that candidate to be elected. (2) For the purposes of this clause, a candidate has an absolute majority if the number of votes credited to that candidate is more than 50% of the total number of votes credited to all the participating eligible candidates after the transfers. 14 Next stage (if necessary) Sch. 3A (1) If no participating eligible candidate has an absolute majority of votes, the participating eligible candidate with the fewest votes must be excluded. (2) The excluded candidate's ballot-papers must be transferred to the continuing participating eligible candidates in accordance with the preferences shown on those ballot-papers, at their respective
(d) remuneration and conditions of service of members of Council staff; equal employment opportunity program means a program which is designed to eliminate discrimination against and promote equal opportunity for women and persons in designated groups in relation to employment matters; Sch. 6 cl. 1 def. of trade union amended by No. 13/1990 s. 31(i), substituted by No. 58/2010 s. 34. trade union means— (a) an employee organisation within the meaning of section 12 of the Fair Work Act 2009 of the Commonwealth; (b) an association of employees that is registered or recognised as a trade union (however described) under the law of a State or a Territory of the Commonwealth; (c) an association of employees a principal purpose of which is the protection and promotion of the employees' interest in matters concerning their employment. 2—EQUAL EMPLOYMENT PROGRAMS 2 Equal employment opportunity programs Sch. 6 A Council with 40 or more members of Council staff must commence the development and implementation of an equal employment opportunity program on the day on which section 96 comes into operation. 3 Contents of equal employment opportunity program Without limiting the generality of the definition of equal employment opportunity program in
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 30) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Local Government Act 1989 Payroll Tax Act 2007, No. 26/2007 Assent Date: 26.6.07 Commencement Date: S. 113 on 1.7.07: s. 2(1) : This information relates only to the provision/s amending the Local Government Act 1989 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 57 on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the Local Government Act 1989 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 38) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Local Government Act 1989 Local Government Amendment (Elections) Act 2008, No. 35/2008 Assent Date: 5.8.08 Commencement Date: Ss 3–38 on 15.8.08: s. 2 : This information relates only to the provision/s amending the Local Government Act 1989 Local Government Amendment (Councillor Conduct and Other Matters) Act 2008, No. 67/2008 Assent Date: 18.11.08 Commencement Date: Ss 4–19, 26–84 on 19.11.08: s. 2(1); ss 20–25 on 2.12.08: Government Gazette 27.11.08 p. 2755 : This information relates only to the provision/s amending the Local Government Act 1989 Local Government Amendment (Conflicting Duties) Act 2009, No. 53/2009 Assent Date: 8.9.09 Commencement Date: 9.9.09: s. 2 : All of Act in operation Endnotes Local Government Amendment (Offences and Other Matters) Act 2009, No. 64/2009