Version No. 112 Local Government Act 1989 No. 11 of 1989 Version incorporating amendments as at 31 October 2012 table of provisions Section Page 1 1 Preamble 1 1A Interpretation of Act 2 2 Commencement 3 3 Definitions 3 3AA Transport Integration Act 2010 19 20 3A What is the purpose of local government? 20 3B How is a Council constituted? 20 3C Objectives of a Council 20 3D What is the role of a Council? 21 3E What are the functions of a Council? 22 3F What are the powers of Councils? 22 24 4 Types of Councils 24 5 The Council 24 5A Council may be referred to by standardised name 25 5B Constitution of Council 26 9 Resolution of disputes 27 28 Division 1—Voters 28 11 Entitlements relating to enrolment 28 12 Residents entitled to be enrolled without application 30 13 Owner ratepayers entitled to be enrolled without application 30 14 Owner ratepayers may apply for enrolment 32 15 Occupier ratepayers may apply to be enrolled 33 16 Provisions relating to corporations 35 PART PART PART PART 1—PRELIMINARY
S. 3(1) def. of exhibition roll date inserted by No. 109/2003 s. 12(1)(b). exhibition roll date means— (a) the day that is 100 days before election day; or (b) an earlier day than the day that is 100 days before election day and which is specified in an Order in Council for the purposes of this definition; S. 3(1) def. of farm land inserted by No. 91/1994 s. 35(a). farm land has the same meaning as it has in the Valuation of Land Act 1960; S. 3(1) def. of finance lease inserted by No. 109/2003 s. 72(1)(b). s. 3 finance lease means a finance lease within the meaning of the Australian Accounting Standards as issued by the Australian Accounting Research Foundation; S. 3(1) def. of financial year substituted by No. 99/1994 s. 3(1). financial year means the period of 12 months ending on 30 June each year; S. 3(1) def. of gift inserted by No. 109/2003 s. 31. gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including— (a) the provision of a service (other than volunteer labour); and (b) the payment of an amount in respect of a guarantee; and (c) the making of a payment or contribution at a fundraising function; S. 3(1) def. of gift disclosure threshold inserted by No. 64/2009 s. 36(1), amended by No. 58/2010 s. 3(2)(a). gift disclosure threshold means $500 or a higher amount or value prescribed by the regulations;
(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
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
In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. (12) The Chief Executive Officer must not provide particulars of any person whose request that their address not be shown has been accepted. 25 Validity of voters' rolls s. 25 (1) The validity of a voters' roll is not affected if— (a) from any cause, any act or thing required to be done in connection with the preparation, printing or copying of the voters' roll has been omitted or has not been completed; or (b) from any cause, there has been an error in the preparation, printing or copying of the voters' roll; or (c) there has been any misnomer or any inaccurate description of any person, place or thing on the voters' roll which is capable of being given meaning. S. 25(2) amended by No. 109/2003 s. 12(2)(a). (2) A voters' roll which is amended under section 24A is as valid as if it had been prepared as required by this Act. S. 26 (Heading) inserted by No. 23/2002 s. 198(7). 26 Victorian Electoral Commission's expenses S. 26 amended by No. 23/2002 s. 198(8). The Victorian Electoral Commission may send to each Council an account of the reasonable expenses incurred by the Victorian Electoral Commission in assisting each Council to prepare its voters' rolls. 27 Offences relating to voters' rolls
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 s. 41 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 s. 42 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
(a) any irregularity in any of the proceedings preliminary to voting; or S. 51(2)(b) amended by No. 76/1997 s. 13(b). (b) any failure to hold the election or poll at any place appointed; or S. 51(2)(c) amended by No. 76/1997 s. 13(b). (c) any failure to comply with any directions as to the holding of the election or poll or the counting of the votes; or (d) any mistake in the use of any forms— if the election or poll was conducted in accordance with the principles in this Act and the irregularity, failure or mistake did not affect the result of the election or poll. S. 52 amended by No. 109/2003 s. 52(1) (ILA s. 39B(1)). 52 Unlawful nomination s. 50 S. 52(1) amended by Nos 109/2003 s. 23(a), 64/2009 s. 7(1)(2). (1) If a person who is not qualified to be a candidate or is not capable of becoming a Councillor submits a nomination the person is guilty of an offence and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units. S. 52(2) inserted by No. 109/2003 s. 52(1), amended by Nos 67/2008 s. 28, 64/2009 s. 7(3)(4). (2) A person who submits a nomination in breach of section 70(2), 70(2A), 70(3), 70(4) or 70(5) is guilty of an offence and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units. 53 Prohibition of canvassing near voting centre s. 53 S. 53(1) amended by Nos 15/1992 s. 10, 109/2003 s. 29(b). (1) A person must not— (a) canvass for votes; or (b) solicit the vote of a person; or
or paragraph in the proprietor's newspaper containing electoral matter, the insertion— (a) of which is, or is to be, paid for; or (b) for which any reward or compensation or promise of reward or compensation is, or is to be, made. In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. S. 55C inserted by No. 109/2003 s. 24. 55C Authors to be identified S. 55C(1) amended by No. 64/2009 s. 12. (1) A person must not during the election period— (a) print, publish or distribute; or (b) cause, permit or authorise to be printed, published or distributed— a newspaper, circular or pamphlet containing an article, report, letter or other matter containing electoral matter unless the author's name and address are set out at the end of the article, report, letter or other matter, or if only part of the article, report, letter or matter appears in any issue of a newspaper, circular or pamphlet at the end of that part. In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) This section does not apply to the publication in a newspaper of— (a) a leading article; or
not been certified by the Chief Executive Officer under this section. 60 penalty units. S. 56 substituted by No. 109/2003 s. 27. 56 Distribution of printed electoral material S. 56(1) amended by No. 64/2009 s. 13(1). (1) A person must not during the hours of voting within 400 metres of the entrance of, or within the building used as, a voting centre— (a) hand out, distribute or otherwise make available; or (b) authorise the handing out, distribution or otherwise making available— to any person of any printed electoral material other than a registered how-to-vote card. 60 penalty units. S. 56(2) amended by No. 64/2009 s. 13(2). (2) A person must not— s. 56 (a) print, publish or distribute; or (b) cause, permit or authorise to be printed, published or distributed— a how-to-vote card which is not a registered card and which contains a representation or purported representation of an endorsement in the prescribed manner. 60 penalty units. (3) In a prosecution of a person for an alleged offence against subsection (1) or (2), it is a defence if the person proves that the person did not know, and could not reasonably be expected to have known, that the card was not a registered how-to-vote card. s. 56
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
of extraordinary vacancies that are filled and the number of existing Councillors constituting more than 50 per cent of the offices of Councillors of the Council. s. 69A (3) If this section applies the Minister must recommend to the Governor in Council that an Order in Council be made under this section appointing an administrator for the Council for the period referred to in subsection (2). S. 69A(3A) inserted by No. 67/2008 s. 31. (3A) The Governor in Council may make an Order in Council recommended by the Minister under subsection (3). (4) Sections 219(3) and 219(3A) apply in respect of the appointment of an administrator under subsection (3). (5) The appointment of an administrator under subsection (3) has effect for the period referred to in subsection (2). (6) The suspended Councillors are not Councillors of the Council during the period of suspension. (7) Despite subsection (6), the suspended Councillors— (a) are entitled to receive their allowances under section 74; and (b) may provide advice to the administrator if the administrator so requests during the period of administration. S. 70 amended by No. 54/1998 s. 9, substituted by No. 109/2003 s. 51. 70 Candidate for election s. 70 (1) Subject to this section, a Councillor may nominate as a candidate for an election if he or she is capable of being or continuing to be a Councillor. (2) A person who has been a Councillor of a Council can not nominate as a candidate for an election to fill an extraordinary vacancy in the office of a
S. 71(3)(b) amended by No. 76/1995 s. 10(1)(c). (b) as soon as possible after any vacancy in the office of Mayor occurs. S. 71(4) amended by No. 76/1995 s. 10(1)(d). (4) The election of a Mayor after the period specified in this section does not invalidate the election. S. 71(5) substituted by No. 76/1995 s. 10(2), repealed by No. 5/2001 s. 30(1). * * * * * S. 71(6) substituted by No. 76/1995 s. 10(2). (6) The Mayor of a Shire Council may be titled the President. S. 71(7) substituted by No. 76/1995 s. 10(2). (7) Any reference to "Mayor" includes a reference to "Lord Mayor" or "President" as the case may be. 72 Term of office S. 72(1) amended by No. 76/1995 s. 10(3)(a). s. 72 (1) The office of Mayor becomes vacant— S. 72(1)(a) amended by No. 76/1995 s. 10(3)(a). (a) at 6 a.m. on the day of the election of the Mayor; or (b) if he or she dies or ceases to be a Councillor; or S. 72(1)(ba) inserted by No. 109/2003 s. 54. (ba) if his or her office as a Councillor is suspended for any period under this Act; or
S. 81(4A) inserted by No. 99/1994 s. 9(c). (4A) Any person who becomes a nominated officer solely because of the amendment made to this Act by section 8 of the Local Government (Amendment) Act 1994 is deemed for the purposes of subsection (4) to have become a nominated officer on the date section 8 of that Act came into operation. S. 81(5) amended by Nos 99/1994 s. 9(b), 109/2003 s. 63(c), substituted by No. 67/2008 s. 25(5), amended by No. 64/2009 s. 26(3). (5) A Councillor, a member of a special committee or a nominated officer must submit an ordinary return in the prescribed form to the Chief Executive Officer on— S. 81(5)(a) amended by No. 58/2010 s. 20(3)(a). (a) 30 June or within 40 days after 30 June; and S. 81(5)(b) amended by No. 58/2010 s. 20(3)(b). (b) 31 December or within 40 days after 31 December. 60 penalty units. S. 81(6) amended by Nos 109/2003 s. 63(d), 64/2009 s. 26(4). (6) A Councillor, a member of a special committee or a nominated officer must disclose the following information in the primary return as at the date of the primary return— S. 81(6)(a) amended by No. 34/1996 s. 4(1)(b). (a) the name of any company or other body in which he or she holds any office whether as a director or otherwise; S. 81(6)(b) substituted by Nos 34/1996 s. 4(1)(c), 67/2008 s. 25(6). (b) the name or description of any company or body in which he or she holds a beneficial interest unless the total value of the interest does not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million; s. 81
S. 81(14) amended by No. 64/2009 ss 26(6), 49(3). (14) A member of Council staff must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the Council or make use of that information for any purpose other than the discharge of his or her official duties under this section. 60 penalty units. S. 81(15) amended by No. 99/1994 s. 9(f), repealed by No. 58/2010 s. 20(5). * * * * * S. 81(16) amended by No. 99/1994 s. 9(f)(g). (16) As soon as practicable after a person ceases to be a Councillor or a member of a special committee or a nominated officer, the Chief Executive Officer must remove all the returns submitted by that person from the register. Pt 4 Div. 1B (Heading and ss 81A–81S) inserted by No. 67/2008 s. 18. Division 1B—Councillor Conduct Panels S. 81A inserted by No. 67/2008 s. 18. 81A Definitions s. 81A In this Division— CCP Registrar means a member of Council staff who is not the Chief Executive Officer and who is appointed in writing by the Chief Executive Officer to be the Councillor Conduct Panel Registrar for the Council under clause 8(1) of Schedule 5;
(2) Members of a Councillor Conduct Panel that are provided with confidential information must ensure that the information is not released to the public. S. 81I inserted by No. 67/2008 s. 18. 81I Conduct of a Councillor Conduct Panel s. 81I (1) A Councillor Conduct Panel must not make a determination under section 81J until it has conducted a hearing. (2) The following applies to a hearing of a Councillor Conduct Panel— (a) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; (b) there is no right to representation at the hearing except if the Panel considers that a party requires representation to ensure that the hearing is conducted fairly; (c) the proceedings must not be open to the public; (d) if the hearing is based on an application made by Council or group of Councillors, the appointed representative must represent the Council or group of Councillors at the hearing; (e) the Panel is not bound by rules of evidence but may inform itself in any way it thinks fit; (f) the Panel is bound by the rules of natural justice; (g) the procedure of a Panel is otherwise in its discretion. (3) At the hearing of an application, the Councillor Conduct Panel must provide the respondent with an opportunity to be heard.
S. 89(5) amended by No. 67/2008 s. 39(2). (5) The Chairperson of a special committee that is not comprised solely of Councillors must provide reasonable notice to the public of meetings of the special committee. 90 Voting s. 90 (1) A question before a meeting of a Council or special committee is to be determined as follows— S. 90(1)(a) substituted by No. 13/1990 s. 11(a). (a) each Councillor present at a meeting of the Council and each member of a special committee present at a meeting of the special committee who is entitled to vote is entitled to one vote; S. 90(1)(b) repealed by No. 63/2012 s. 16(1). * * * * * (c) unless the procedures of a Council or special Committee otherwise provide, voting must be by a show of hands; S. 90(1)(ca) inserted by No. 67/2008 s. 40. (ca) voting at a meeting that is open to members of the public must not be in secret; S. 90(1)(d) substituted by No. 63/2012 s. 16(2). (d) the question is determined in the affirmative by a majority of the Councillors or members of the special committee present at a meeting at the time the vote is taken voting in favour of the question; S. 90(1)(e) amended by No. 13/1990 s. 11(b), substituted by No. 63/2012 s. 16(3). (e) except where subsection (2) applies, if the number of votes in favour of the question is half the number of Councillors or members of the special committee present at the meeting at the time the vote is taken, the Chairperson has a second vote.
(ii) 1% of the Council's revenue from rates and charges levied under section 158 in the preceding financial year; S. 93A(6)(d) amended by No. 67/2008 s. 42(2). (d) to exercise any power under section 193 if the sum assessed under section 193(5A) in respect of the proposal 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. Division 3—Council staff S. 94 amended by Nos 13/1990 s. 31(e), 125/1993 s. 4(1)–(3), 99/1994 s. 10(1)(2), substituted by No. 27/1997 s. 4. 94 The Chief Executive Officer s. 94 (1) A Council must appoint a natural person to be its Chief Executive Officer. S. 94(1A) inserted by No. 67/2008 s. 43. (1A) The Council must make a permanent appointment to the position of Chief Executive Officer as soon as is reasonably practicable after a vacancy in the position occurs. (2) The Chief Executive Officer is a member of Council staff. (3) A Council may only appoint a person to be its Chief Executive Officer after it has invited applications for the position in a notice in a newspaper circulating generally throughout Victoria and has considered all applications received by it that comply with the conditions specified in the notice.
(e) any power, duty or function of the Council under section 223; and (f) any prescribed power. S. 98(2) amended by No. 125/1993 s. 14(k). s. 98 (2) The Chief Executive Officer may by instrument of delegation delegate to a member of the Council staff any power, duty or function of his or her office other than this power of delegation unless subsection (3) applies. S. 98(3) amended by No. 67/2008 s. 48. (3) The instrument of delegation to the Chief Executive Officer may empower the Chief Executive Officer to delegate a power, duty or function of the Council other than the power of delegation to a member of the Council staff. (4) The Council must keep a register of delegations to members of Council staff. S. 98(5) inserted by No. 109/2003 s. 70(2). (5) A delegation under this section to a member of Council staff may be made to— (a) a person named in the delegation; or (b) the holder of an office or position specified in the delegation. S. 98(6) inserted by No. 109/2003 s. 70(2). (6) A Council must review within the period of 12 months after a general election all delegations which are in force and have been made by the Council under subsection (1). S. 99 repealed by No. 109/2003 s. 68(2). * * * * * S. 100 repealed by No. 125/1993 s. 10(1). * * * * *
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.
(c) the types or classes of land that are appropriate for differential rating. S. 161(3) amended by Nos 34/1996 s. 19(3)(a), 63/2012 s. 21(4). (3) A Council which declares a differential rate must ensure that copies of the following information are available on its Internet website and for public inspection at the Council office— S. 161(3)(a) repealed by No. 34/1996 s. 19(3)(b), new s. 161(3)(a) inserted by No. 63/2012 s. 21(5). (a) the definition of the types or classes of land which are subject to the rate; s. 161 S. 161(3)(b) amended by No. 63/2012 s. 21(6). (b) the objectives of the differential rate; S. 161(3)(c) amended by Nos 34/1996 s. 19(3)(c), 63/2012 s. 21(7). (c) the rate and amount of rates payable in relation to each type or class of land and what proportion of the total rates and charges this represents; (d) any other information which the Council considers it necessary to make available. S. 161(4) repealed by No. 34/1996 s. 19(4), new s. 161(4) inserted by No. 63/2012 s. 21(8). (4) On the recommendation of the Minister, the Governor in Council may by Order in Council prohibit any Council from making a declaration of a differential rate in respect of a type or class of land, if the Minister considers that the declaration would be inconsistent with any guidelines made under subsection (2B). (5) The highest differential rate in a municipal district must be no more than 4 times the lowest differential rate in the municipal district.
S. 171(4)(d) substituted by No. 13/1990 s. 19(b), amended by Nos 99/1994 s. 3(2)(e), 11/2002 s. 3(Sch. 1 item 42), 82/2004 s. 13(Sch. item 5.4(a)(b)). s. 171 (d) an application must be in the form approved by the Minister administering the State Concessions Act 2004 and must be made on or before 30 April in the financial year in respect of the rate or charge for which the waiver is sought, but the Minister administering the State Concessions Act 2004 may approve late applications or extend the closing date for applications, either generally or specifically; S. 171(4)(e) amended by No. 82/2004 s. 13(Sch. item 5.5). (e) the Council must, on receipt of an application which complies with this subsection, waive the amount which is in accordance with the concession order; S. 171(4)(f) amended by Nos 13/1990 s. 19(c)(i)(ii), 82/2004 s. 13(Sch. item 5.6). (f) subject to the approval of the Minister administering the State Concessions Act 2004, a Council which waives an amount in respect of rateable land or a part of rateable land under this subsection may decide to treat the person who was granted the waiver as having made a continuing application for a waiver in respect of the rateable land or part, unless the person advises the Council that a waiver is no longer sought. S. 171(5) substituted by No. 82/2004 s. 13(Sch. item 5.7). (5) The Council must not in respect of a person waive an amount under subsection (4) which exceeds the amount paid to the Council by the Government of Victoria in respect of that person. S. 171(5AA) inserted by No. 82/2004 s. 13(Sch. item 5.7). (5AA) An Order under subsection (4)(a) as in force immediately before the commencement of the State Concessions Act 2004 is deemed to be a concession order within the meaning of that Act in relation to rates, charges or interest payable under this Act until a relevant concession order under that Act is made. s. 171
(b) to verify particulars— in relation to the application. (3) The Council may grant an application if the Council is satisfied that the applicant is a person who is suffering financial hardship if that person paid the full amount of the rate or charge for which he or she is liable. (4) A person who— (a) gives to a Council any information which is false or misleading in any material particular in respect of an application under this section; or (b) fails to notify a Council of any change in circumstances which is relevant to an application or to a waiver granted under this section— is guilty of an offence. 10 penalty units. 172 Council may charge interest on unpaid rates and charges s. 172 (1) A Council may require a person to pay interest on any amounts of rates and charges— (a) which that person is liable to pay; and S. 172(1)(b) amended by No. 22/1992 s. 15(d), substituted by No. 27/1997 s. 13(1). (b) which have not been paid by the date specified under section 167 for their payment (or, in the case of late notices, by the date specified under section 158(4B)). S. 172(2) amended by No. 78/1991 s. 8(1), substituted by No. 27/1997 s. 13(2). (2) The interest— (a) is to be calculated at the rate fixed under section 2 of the Penalty Interest Rates Act 1983 that applied on the first day of July
(b) any arrears of rates or charges (including any interest on those rates or charges) on the land which are due and payable. S. 175(1AA) inserted by No. 109/2003 s. 87. (1AA) If a Council has obtained an award for legal costs in relation to any rate or charge owing by the previous owner of the rateable land, subsection (1) applies to the amount of legal costs remaining unpaid as if the legal costs were arrears of rates and charges. S. 175(1A) inserted by No. 34/1996 s. 23(2). (1A) If the previous owner of the rateable land had been paying any rate or charge by instalments at the time the ownership of the land changed, the person who becomes the owner of the land may continue the payment of that rate or charge by instalments. S. 175(1B) inserted by No. 34/1996 s. 23(2). (1B) The person who becomes the owner of rateable land may also pay a rate or charge by instalments if the previous owner could have paid it by instalments and the person becomes the owner of the land before the date the first instalment falls due. S. 175(1C) inserted by No. 34/1996 s. 23(2). (1C) In all other cases, the person who becomes the owner of rateable land must pay any amount due under subsection (1)— (a) by the date it was due to have been paid by the previous owner of the land; or (b) if that date has already passed, immediately after the person becomes the owner of the land. s. 175 S. 175(1D) inserted by No. 34/1996 s. 23(2). (1D) Subsections (1A) and (1B)— (a) do not apply to instalment payments relating to rates or charges that are in arrears; and
S. 201(1) amended by Nos 81/1989 s. 3(Sch. item 30.3), 125/1993 s. 37(1)(a). (1) A Council may construct, operate, control, manage or maintain any works or undertakings which form the whole or part of a scheme declared to be an approved scheme under section 216 of the Water Act 1989. (2) In carrying out its functions under subsection (1) the Council may exercise any power conferred on the Council under this Act. Pt 9 Div. 2 (Heading) substituted by No. 6/2010 s. 25(5)(Sch. 2 item 6.3) (as amended by No. 45/2010 s. 6). Division 2—Provisions relating to transport S. 202 repealed by No. 12/2004 s. 144. * * * * * S. 203 substituted by No. 125/1993 s. 22, repealed by No. 12/2004 s. 144, new s. 203 inserted by No. 6/2010 s. 25(5)(Sch. 2 item 6.2) (as amended by No. 45/2010 s. 6). 203 Transport plan (1) A Council may develop and implement a transport plan which facilitates a sustainable transport system that provides for the effective integration of transport and land use. Note See section 11 of the Transport Integration Act 2010. (2) A Council may prepare a transport plan jointly with one or more other Councils. S. 203A inserted by No. 6/2010 s. 25(5)(Sch. 2 item 6.2) (as amended by No. 45/2010 s. 6). 203A Transport services A Council may procure, provide or enable transport services within the municipal district.
provision of that service until the expiry of the agreement. S. 208F substituted by No. 59/1999 s. 4. 208F Standards to be publicly available A Council must ensure that any quality or cost standards it adopts are available for inspection by the public. S. 208G substituted by No. 59/1999 s. 4. 208G Report on Best Value Principles compliance s. 208G At least once every year a Council must report to its community on what it has done to ensure that it has given effect to the Best Value Principles. S. 208H substituted by No. 59/1999 s. 4. 208H Ministerial Codes (1) The Minister may publish in the Government Gazette one or more Codes in relation to how Councils are to give effect to the Best Value Principles. (2) Without limiting the matters a Code may deal with, a Code may— (a) specify how often the Best Value Principles are to be applied to a service; (b) specify the minimum details that quality and cost standards must contain; (c) specify what records are to be kept in relation to the application of the Best Value Principles; (d) specify maximum periods for agreements entered into in accordance with the Best Value Principles.
S. 219B def. of reviewer substituted by No. 58/2010 s. 25. reviewer means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002. S. 219C inserted by No. 109/2003 s. 32. 219C When is a review required? s. 219B (1) A review must be conducted— S. 219C(1)(a) repealed by No. 58/2010 s. 26(1)(a). * * * * * S. 219C(1)(b) amended by No. 58/2010 s. 26(1)(b). (b) before every third general election so as not to commence until 2 years before that general election; and S. 219C(1)(c) amended by No. 58/2010 s. 26(1)(c). (c) in respect of a particular Council, at any other time specified by the Minister by a notice published in the Government Gazette. S. 219C(2) repealed by No. 58/2010 s. 26(2). * * * * * S. 219C(3) amended by No. 58/2010 s. 26(3)(a). (3) A notice published under subsection (1)(c) may specify— (a) the earliest date that the review may commence; and S. 219C(3)(b) repealed by No. 58/2010 s. 26(3)(b). * * * * * (c) the date by which the final report must be submitted to the Minister. S. 219C(4) inserted by No. 58/2010 s. 26(4). (4) The Minister must give notice that a review be conducted in respect of a particular Council under subsection (1)(c) if—
(a) any expenditure has been incurred in contravention of any Act, regulation or local law; or (b) any deficiency or loss has been incurred by the misconduct of a Councillor or a member of the Council staff; or (c) any money which should have been brought into account has not been brought into account. S. 240A(2) amended by No. 67/2008 s. 82(2). (2) The Secretary may by notice in writing require the Councillor or member of the Council staff to show cause why he or she should not be surcharged. (3) The surcharge must not exceed the amount of the expenditure, deficiency or loss or the amount which has not been brought into account. S. 240A(4) amended by No. 67/2008 s. 82(3). (4) If the Councillor or member of the Council staff does not show cause to the satisfaction of the Secretary, the Secretary may by notice in writing impose the surcharge. S. 240A(5) amended by No. 67/2008 s. 82(4). (5) A person whose interests are affected by a decision of the Secretary imposing a surcharge may apply to VCAT for review of the decision. (6) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 240B inserted by No. 109/2003 s. 75. 240B Payment of the surcharge s. 240B
(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.
13 Power to determine speed limits A Council may determine speed limits for vehicles on a road. 14 Power to prohibit traffic on unsafe roads A Council may prohibit or restrict traffic on a road that it considers is unsafe for that traffic. __________________ Sch. 11A inserted by No. 43/1993 s. 5, amended by Nos 33/1995 s. 10(a)–(c), 34/1996 s. 33(i), repealed by No. 27/1997 s. 26(2). * * * * * Sch. 13 SCHEDULE 12 Section 243 1 Any matter relating to enrolment and the preparation of voters' rolls. Sch. 12 2 Providing for exemptions from and the enforcement of compulsory voting. Sch. 12 cl. 3 amended by Nos 15/1992 s. 25(1)(a), 109/2003 s. 29(j). 3 Providing for a system of early voting including the empowering of a returning officer to issue guidelines relating to electoral material in relation to pre-poll voting. 4 Providing for a system of postal voting. Sch. 12 cl. 5 amended by No. 54/1998 s. 21. 5 Enabling an election to be held by postal voting or by attendance voting.
Assent Date: 25.5.99 Commencement Date: 25.5.99 : All of Act in operation The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999 Assent Date: 25.5.99 Commencement Date: 8.6.99: s. 2 : All of Act in operation Audit (Amendment) Act 1999, No. 53/1999 Assent Date: 14.12.99 Commencement Date: S. 26(Sch. item 15) on 1.1.00: Government Gazette 23.12.99 p. 2764 : This information relates only to the provision/s amending the Local Government Act 1989 Local Government (Best Value Principles) Act 1999, No. 59/1999 Assent Date: 21.12.99 Commencement Date: 22.12.99: s. 2 : All of Act in operation Local Government (Governance) Act 2000, No. 23/2000 Assent Date: 16.5.00 Commencement Date: 17.5.00: s. 2 : All of Act in operation Local Government (Restoration of Local Democracy to Melton) Act 2000, No. 55/2000 Assent Date: 31.10.00 Commencement Date: Ss 3, 4 on 1.11.00: s. 2(1); s. 5 on 17.10.01: s. 2(2) : This information relates only to the provision/s amending the Local Government Act 1989 City of Act 2001, No. 5/2001 Assent Date: 8.5.01 Commencement Date: S. 30 on 9.5.01: Special Gazette (No. 67) 9.5.01 p. 1 : This information relates only to the provision/s amending the Local Government Act 1989 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 42) on 1.6.01: s. 2(2) : This information relates only to the provision/s amending the Local Government Act 1989 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 74) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Local Government Act 1989 Endnotes Statute Law (Further Revision) Act 2002, No. 11/2002