Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government Amendment (Offences and
Other Matters) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
PART 2--AMENDMENT OF PENALTY LEVELS 3
4 Provisions relating to appointments and enrolments 3
5 Provision of voters' rolls 3
6 Offences relating to voters' rolls--penalty 3
7 Unlawful nomination 4
8 Interfering with rights 4
9 Printing and publication of electoral advertisements, handbills,
pamphlets or notices 5
10 Misleading or deceptive matter 5
11 Heading to electoral advertisements 5
12 Authors to be identified 5
13 Distribution of printed electoral material 5
14 Offences relating to ballot-papers 6
15 Offence to interfere with postal ballot materials 6
16 Bribery, treating and undue influence 7
17 Infringement of secrecy 7
18 Penalty on officers 7
19 Return by candidate--penalty 7
20 Penalty for acting as Councillor if incapable 8
21 Misuse of position--penalty 8
22 Disclosure of conflict of interest 8
23 Requirements to be observed by an assembly of Councillors 8
24 Members of Council staff to disclose conflicts of interest in
respect of delegated functions 8
25 Persons to disclose interests to Council when providing advice 9
26 Register of interests--penalty 9
27 Definitions--Amendment of section 81A 9
28 Access of Commissioner to places, documents etc. 10
29 Improper use of information 10
561355B.I-11/8/2009 i BILL LA INTRODUCTION 11/8/2009
Clause Page
30 Offences relating to investigations 10
31 Authorised officers 10
32 Obstructing Council 10
33 False written declaration 10
34 Penalties 10
35 Regulations--repeal of general penalty 11
PART 3--MISCELLANEOUS AND TECHNICAL
AMENDMENTS 12
36 Definitions 12
37 Offences relating to voters' rolls 13
38 Disqualifications 13
39 Governor in Council may give directions 13
40 Return by candidate 13
41 Certain gifts not to be accepted 14
42 New sections 66AA and 66AB inserted 14
66AA Order for return of allowances or entitlements 14
66AB Offences committed by person acting as Councillor 14
43 Definition--Amendment of section 76AA 15
44 General Councillor conduct principles 15
45 Misuse of position 15
46 Indirect interest because of receipt of an applicable gift 15
47 Certain situations where Councillor taken to not have a
conflict of interest 16
48 Exemption by Minister 16
49 Register of interests 17
50 Voting 17
51 Repeal of section 97B 17
52 Power to make local laws 17
53 New section 111A inserted 18
111A Guidelines 18
54 Penalties 18
55 Procedure for making a local law 18
56 Availability of local laws 19
57 Rebates and concessions 19
58 Restriction on power to enter into contracts 19
59 Regional libraries 20
60 Conflicts of interest, ineligibility or unavailability of
Councillor Conduct Panel members--Amendment of
Schedule 5 20
61 Regulations--Amendment of Schedule 12 20
561355B.I-11/8/2009 ii BILL LA INTRODUCTION 11/8/2009
Clause Page
PART 4--TECHNICAL AMENDMENTS TO CITY OF
MELBOURNE ACT 2001 21
62 Application of certain provisions of the Local Government
Act 1989 21
63 Establishment of the Docklands Co-ordination Committee 21
64 Orders to continue 21
PART 5--REPEAL OF AMENDING ACT 22
65 Repeal of amending Act 22
ENDNOTES 23
561355B.I-11/8/2009 iii BILL LA INTRODUCTION 11/8/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Local Government Amendment
(Offences and Other Matters) Bill 2009
A Bill for an Act to amend the Local Government Act 1989 and the
City of Melbourne Act 2001 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are to--
(a) amend the Local Government Act 1989
5 to--
(i) amend certain penalties for offences so
that they are consistent with the
Sentencing Act 1991;
561355B.I-11/8/2009 1 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 1--Preliminary
s. 2
(ii) provide for the increase of certain
penalties for offences to reflect current
community expectations;
(iii) enhance the operation of the Act;
5 (b) amend the City of Melbourne Act 2001 to
make certain technical amendments.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
10 (2) If a provision of this Act does not come into
operation before 1 September 2010, it comes into
operation on that day.
3 Principal Act
See: In this Act, the Local Government Act 1989 is
Act No.
15 11/1989. called the Principal Act.
Reprint No. 10
as at
2 April 2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561355B.I-11/8/2009 2 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 4
PART 2--AMENDMENT OF PENALTY LEVELS
4 Provisions relating to appointments and enrolments
Section 17(5) of the Principal Act is repealed.
5 Provision of voters' rolls
5 (1) For the penalty at the foot of section 24C(3) of the
Principal Act substitute--
"Penalty: 120 penalty units.".
(2) For the penalty at the foot of section 24C(11) of
the Principal Act substitute--
10 "Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.".
6 Offences relating to voters' rolls--penalty
15 (1) In section 27(1) of the Principal Act, after "an
offence" insert "and liable to a fine not exceeding
120 penalty units".
(2) The penalty at the foot of section 27(1) of the
Principal Act is repealed.
20 (3) In section 27(2) of the Principal Act, after
"an offence" insert "and liable to a fine not
exceeding 120 penalty units".
(4) The penalty at the foot of section 27(2) of the
Principal Act is repealed.
25 (5) For section 27(3) of the Principal Act
substitute--
"(3) A person who intentionally gives to the
Chief Executive Officer, or a person
authorised by the Chief Executive Officer,
30 false or misleading information in relation
to--
561355B.I-11/8/2009 3 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 7
(a) the entitlement of a person to be
enrolled on a voters' roll; or
(b) a person's enrolment details on or for
use on a voters' roll--
5 is guilty of an offence and liable to a fine not
exceeding 120 penalty units.".
7 Unlawful nomination
(1) In section 52(1) of the Principal Act, after
"an offence" insert "and liable to a term of
10 imprisonment not exceeding 2 years or to a fine
not exceeding 240 penalty units".
(2) The penalty at the foot of section 52(1) of the
Principal Act is repealed.
(3) In section 52(2) of the Principal Act, after
15 "an offence" insert "and liable to a term of
imprisonment not exceeding 2 years or to a fine
not exceeding 240 penalty units".
(4) The penalty at the foot of section 52(2) of the
Principal Act is repealed.
20 8 Interfering with rights
(1) For the penalty at the foot of section 54(1) of the
Principal Act substitute--
"Penalty: 120 penalty units or imprisonment for
1 year.".
25 (2) For section 54(5) of the Principal Act
substitute--
"(5) A person must not interfere with or attempt
to interfere with a voter when the voter is
marking his or her ballot-paper.
30 Penalty: 120 penalty units or imprisonment
for 1 year.".
561355B.I-11/8/2009 4 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 9
9 Printing and publication of electoral advertisements,
handbills, pamphlets or notices
In the penalty at the foot of section 55(1) of the
Principal Act, for "20 penalty units" substitute
5 "50 penalty units".
10 Misleading or deceptive matter
(1) For the penalty at the foot of section 55A(1) of the
Principal Act substitute--
"Penalty: In the case of a natural person,
10 60 penalty units or imprisonment for
6 months;
In the case of a body corporate,
300 penalty units.".
(2) For the penalty at the foot of section 55A(2) of the
15 Principal Act substitute--
"Penalty: In the case of a natural person,
60 penalty units or imprisonment for
6 months;
In the case of a body corporate,
20 300 penalty units.".
11 Heading to electoral advertisements
In the penalty at the foot of section 55B of the
Principal Act, for "20 penalty units" substitute
"50 penalty units".
25 12 Authors to be identified
In the penalty at the foot of section 55C(1) of the
Principal Act, for "20 penalty units" substitute
"50 penalty units".
13 Distribution of printed electoral material
30 (1) For the penalty at the foot of section 56(1) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
561355B.I-11/8/2009 5 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 14
(2) For the penalty at the foot of section 56(2) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
14 Offences relating to ballot-papers
5 (1) Section 58(1) of the Principal Act is repealed.
(2) In section 58(2) of the Principal Act, after
"an offence" insert "and liable to a term of
imprisonment not exceeding 2 years or to a fine
not exceeding 240 penalty units".
10 (3) The penalty at the foot of section 58(2) of the
Principal Act is repealed.
(4) In section 58(3) of the Principal Act, after
"an offence" insert "and liable to a term of
imprisonment not exceeding 2 years or to a fine
15 not exceeding 240 penalty units".
(5) The penalty at the foot of section 58(3) of the
Principal Act is repealed.
(6) In section 58(4) of the Principal Act, after
"an offence" insert "and liable to a fine not
20 exceeding 10 penalty units".
(7) The penalty at the foot of section 58(4) of the
Principal Act is repealed.
(8) In section 58(5) of the Principal Act, after
"an offence" insert "and liable to a fine not
25 exceeding 10 penalty units".
(9) The penalty at the foot of section 58(5) of the
Principal Act is repealed.
15 Offence to interfere with postal ballot materials
For the penalty at the foot of section 58A(1) of the
30 Principal Act substitute--
"Penalty: 240 penalty units or imprisonment for
2 years.".
561355B.I-11/8/2009 6 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 16
16 Bribery, treating and undue influence
(1) For the penalty at the foot of section 59(1) of the
Principal Act substitute--
"Penalty: 600 penalty units or imprisonment for
5 5 years.".
(2) For the penalty at the foot of section 59(2) of the
Principal Act substitute--
"Penalty: 600 penalty units or imprisonment for
5 years.".
10 17 Infringement of secrecy
(1) For the penalty at the foot of section 60(2) of the
Principal Act substitute--
"Penalty: 120 penalty units or imprisonment for
1 year.".
15 (2) Section 60(3)(a) of the Principal Act is repealed.
(3) For the penalty at the foot of section 60(3) of the
Principal Act substitute--
"Penalty: 120 penalty units or imprisonment for
1 year.".
20 (4) Section 60(4) of the Principal Act is repealed.
18 Penalty on officers
(1) In section 61 of the Principal Act, after
"an offence" insert "and liable to a term of
imprisonment not exceeding 6 months or to a fine
25 not exceeding 60 penalty units".
(2) The penalty at the foot of section 61 of the
Principal Act is repealed.
19 Return by candidate--penalty
(1) In section 62(7) of the Principal Act, after
30 "an offence" insert "and liable to a fine not
exceeding 60 penalty units".
561355B.I-11/8/2009 7 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 20
(2) The penalty at the foot of section 62(7) of the
Principal Act is repealed.
20 Penalty for acting as Councillor if incapable
(1) In section 66 of the Principal Act, after
5 "an offence" insert "and liable to a term of
imprisonment not exceeding 1 year or to a fine not
exceeding 120 penalty units".
(2) The penalty at the foot of section 66 of the
Principal Act is repealed.
10 21 Misuse of position--penalty
For the penalty at the foot of section 76D(1) of the
Principal Act substitute--
"Penalty: 600 penalty units or imprisonment for
5 years or both.".
15 22 Disclosure of conflict of interest
(1) In section 79(9) of the Principal Act, after
"an offence" insert "and liable to a fine not
exceeding 120 penalty units".
(2) The penalty at the foot of section 79(9) of the
20 Principal Act is repealed.
23 Requirements to be observed by an assembly of
Councillors
For the penalty at the foot of section 80A(3) of the
Principal Act substitute--
25 "Penalty: 120 penalty units.".
24 Members of Council staff to disclose conflicts of
interest in respect of delegated functions
For the penalty at the foot of section 80B(2) of the
Principal Act substitute--
30 "Penalty: 120 penalty units.".
561355B.I-11/8/2009 8 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 25
25 Persons to disclose interests to Council when
providing advice
For the penalty at the foot of section 80C(2) of the
Principal Act substitute--
5 "Penalty: 60 penalty units.".
26 Register of interests--penalty
(1) For the penalty at the foot of section 81(2) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
10 (2) For the penalty at the foot of section 81(4) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
(3) For the penalty at the foot of section 81(5) of the
Principal Act substitute--
15 "Penalty: 60 penalty units.".
(4) For the penalty at the foot of section 81(6) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
(5) For the penalty at the foot of section 81(7) of the
20 Principal Act substitute--
"Penalty: 60 penalty units.".
(6) For the penalty at the foot of section 81(14) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
25 27 Definitions--Amendment of section 81A
In section 81A of the Principal Act, in paragraph
(a)(ii) of the definition of gross misconduct, for
"10 penalty units" substitute "60 penalty units".
561355B.I-11/8/2009 9 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 28
28 Access of Commissioner to places, documents etc.
For the penalty at the foot of section 213(4) of the
Principal Act substitute--
"Penalty: 60 penalty units.".
5 29 Improper use of information
For the penalty at the foot of section 220E of the
Principal Act substitute--
"Penalty: 120 penalty units.".
30 Offences relating to investigations
10 For the penalty at the foot of section 223C(1) of
the Principal Act substitute--
"Penalty: 240 penalty units or imprisonment for
2 years or both.".
31 Authorised officers
15 (1) In section 224(8) of the Principal Act, after
"an offence" insert "and liable to a fine not
exceeding 60 penalty units".
(2) The penalty at the foot of section 224(8) of the
Principal Act is repealed.
20 32 Obstructing Council
(1) In section 238 of the Principal Act, after
"an offence" insert "and liable to a fine not
exceeding 60 penalty units".
(2) The penalty at the foot of section 238 of the
25 Principal Act is repealed.
33 False written declaration
For the penalty at the foot of section 238A of the
Principal Act substitute--
"Penalty: 120 penalty units.".
30 34 Penalties
Section 240(1) of the Principal Act is repealed.
561355B.I-11/8/2009 10 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 2--Amendment of Penalty Levels
s. 35
35 Regulations--repeal of general penalty
In section 243(3)(h) of the Principal Act omit
"or 6 months imprisonment".
__________________
561355B.I-11/8/2009 11 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 36
PART 3--MISCELLANEOUS AND TECHNICAL
AMENDMENTS
36 Definitions
(1) Insert the following definitions in section 3(1) of
5 the Principal Act--
"Council staff means the persons who are
members of Council staff;
gift disclosure threshold means $200 or a higher
amount or value prescribed by the
10 regulations;
member of Council staff means a natural person
who is employed by the Chief Executive
Officer (other than an independent contractor
under a contract for services or a volunteer)
15 to enable--
(a) the functions of the Council under this
Act or any other Act to be carried out;
(b) the Chief Executive Officer to carry out
his or her functions;
20 Note
The Chief Executive Officer is also a member of
Council staff--see section 94(2).".
(2) In section 3(1) of the Principal Act, at the foot of
the definition of public notice insert--
25 "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.".
(3) In section 3(1) of the Principal Act, in
30 paragraph (b) of the definition of senior officer,
for "any officer" substitute "a member of Council
Staff".
561355B.I-11/8/2009 12 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 37
37 Offences relating to voters' rolls
In section 27(1) of the Principal Act, after
"Council staff" insert "or any person employed or
contracted to perform a function under this
5 Division".
38 Disqualifications
In section 29(2) of the Principal Act--
(a) in paragraph (a), after "section" insert "66,";
(b) in paragraph (ab), after "section" insert
10 "52(1), 52(2), 54(1),";
(c) in paragraph (ab), after "55A(1)," insert
"55A(2),";
(d) in paragraph (ab), omit "56A,";
(e) in paragraph (ab), omit "58(1),".
15 39 Governor in Council may give directions
In section 43(1) of the Principal Act--
(a) for paragraph (e), substitute--
"(e) give directions in connection with any
election or poll to--
20 (i) any Council or any member of
Council staff; or
(ii) any other public body or any
officer of a public body; and";
(b) in paragraph (f), for "or an officer of any
25 Council or other" substitute ", member of
Council staff or an officer of any other".
40 Return by candidate
(1) In section 62(2)(b) of the Principal Act, for
"$200" (wherever occurring) substitute "the gift
30 disclosure threshold".
561355B.I-11/8/2009 13 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 41
(2) After section 62(7) of the Principal Act insert--
"(7A) If a person is found guilty or convicted of an
offence under subsection (7), a court may
make an order that the offender give a return
5 under subsection (1) that is not false or
misleading in a material particular.".
41 Certain gifts not to be accepted
In section 62B of the Principal Act, for "$200"
(wherever occurring) substitute "the gift
10 disclosure threshold".
42 New sections 66AA and 66AB inserted
After section 66 of the Principal Act insert--
"66AA Order for return of allowances or
entitlements
15 If a person is found guilty or convicted of an
offence under section 66, the court may
order that the person return to the Council
any allowances, reimbursements, equipment
or materials the person received as a result of
20 acting as Councillor for the period that the
person acted as Councillor while incapable
of being or continuing to be a Councillor.
66AB Offences committed by person acting as
Councillor
25 A person who acts as a Councillor while
incapable of being or continuing to be a
Councillor, other than because of unsound
mind, and who engages in conduct that
would constitute an offence under this Act if
30 that person were a Councillor, is guilty of
that offence as if he or she were a
Councillor.".
561355B.I-11/8/2009 14 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 43
43 Definition--Amendment of section 76AA
Insert the following definition in section 76AA of
the Principal Act--
"not-for-profit organisation means a body or
5 organisation that--
(a) operates exclusively for charitable, civil
or other social purposes; and
(b) does not share or allocate the funds or
profits of the body or organisation with
10 the owners, shareholders or executives
of the body or organisation;".
44 General Councillor conduct principles
In section 76BA(c) of the Principal Act, for
"council officers" substitute "Council staff".
15 45 Misuse of position
In section 76D(2) of the Principal Act--
(a) in paragraph (e), for "unauthorised."
substitute "unauthorised; or";
(b) after paragraph (e) insert--
20 "(f) failing to disclose a conflict of interest
as required under this Division.".
46 Indirect interest because of receipt of an applicable
gift
For section 78C(1) of the Principal Act
25 substitute--
"(1) In this section, applicable gift means one or
more gifts with a total value of, or more than,
the gift disclosure threshold, received from a
person or persons specified in subsection (2)
30 in the 5 years preceding the decision or the
exercise of the power, duty or function but
does not include reasonable hospitality
provided to a Mayor, Councillor or member
561355B.I-11/8/2009 15 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 47
of Council staff by a not-for-profit
organisation at any function or event that--
(a) is conducted during those 5 years; and
(b) is attended by the Mayor, Councillor or
5 member of Council staff in an official
capacity.".
47 Certain situations where Councillor taken to not
have a conflict of interest
In section 79C(1) of the Principal Act--
10 (a) after "the matter" insert "only";
(b) in paragraph (i), for "legislation." substitute
"legislation;";
(c) after paragraph (i), insert--
"(j) the conduct of a Councillor with respect
15 to--
(i) an internal dispute that involves
the Councillor;
(ii) an allegation of misconduct or
serious misconduct (as defined in
20 section 81A) by the Councillor.".
48 Exemption by Minister
After the heading to section 80 of the Principal
Act insert--
"(1AA) Despite section 79, the Minister may, of his
25 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
30 Minister is satisfied that--
561355B.I-11/8/2009 16 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 49
(a) extraordinary circumstances exist that
justify the exemption of the person; and
(b) it is in the public interest to exempt the
person.
5 (1AB) In exempting a person under subsection
(1AA), the Minister must have regard to the
extent of the conflict of interest of the
person.".
49 Register of interests
10 (1) In section 81(7)(e) of the Principal Act, for "$200"
substitute "the gift disclosure threshold".
(2) In section 81(13B) of the Principal Act, after
"member of" insert "a".
(3) In section 81(14) of the Principal Act, for "person
15 employed by the Council" substitute "member of
Council staff".
50 Voting
In section 90(2) of the Principal Act, for "87(3),
88(3) or 88(4)," substitute "87(3) or 87(4),".
20 51 Repeal of section 97B
Section 97B of the Principal Act is repealed.
52 Power to make local laws
After section 111(4) of the Principal Act insert--
"(5) A Council must have regard to any
25 guidelines made by the Minister under
section 111A when making local laws.
(6) A Council must comply with any prescribed
details relating to the preparation and content
of local laws when making local laws.".
561355B.I-11/8/2009 17 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 53
53 New section 111A inserted
After section 111 of the Principal Act insert--
"111A Guidelines
(1) The Minister may make guidelines for or
5 with respect to--
(a) the preparation, content and format of
local laws; and
(b) the details to be set out in any
explanatory documents prepared in
10 relation to proposed local laws.
(2) The Minister must cause the guidelines to be
published in the Government Gazette.
(3) The guidelines take effect on the date of
publication in the Government Gazette or
15 such later date as is specified in the
guidelines.
(4) A Council may disregard any guidelines that
are inconsistent with the Regulations.".
54 Penalties
20 In section 115(1)(b) of the Principal Act, after
"day after" insert "a finding of guilt or".
55 Procedure for making a local law
(1) In section 119(2)(b) of the Principal Act, after
"local law" insert "and any explanatory
25 document".
561355B.I-11/8/2009 18 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 56
(2) After section 119(2) of the Principal Act insert--
"(2A) The Council must ensure that--
(a) a copy of the proposed local law; and
(b) an explanatory document setting out
5 prescribed details in relation to the local
law--
is available for inspection at, and obtainable
from, the Council office during ordinary
business hours.".
10 56 Availability of local laws
At the foot of section 120(2) of the Principal Act
insert--
"Note
See also the publication requirements under
15 section 82A(2)(b).".
57 Rebates and concessions
(1) In section 169(1B) of the Principal Act, for
"A Council" substitute "Unless subsection (1D)
applies, a Council".
20 (2) After section 169(1C) of the Principal Act
insert--
"(1D) Without limiting subsection (1), a Council
may grant a rebate or concession in relation
to any rate or charge, to support the
25 provision of affordable housing, to a
registered agency.".
(3) After section 169(2) of the Principal Act insert--
"(3) In this section, registered agency has the
same meaning as it has in section 4(1) of the
30 Housing Act 1983.".
58 Restriction on power to enter into contracts
In section 186(5A)(c) of the Principal Act, after
"in respect" insert "of".
561355B.I-11/8/2009 19 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 3--Miscellaneous and Technical Amendments
s. 59
59 Regional libraries
(1) In section 196(7)(a) of the Principal Act, after
"81" insert "(except section 75C)".
(2) In section 196(7A) of the Principal Act--
5 (a) after "81" insert "(except section 75C)";
(b) after "Councillor" (wherever occurring)
insert "or a member of Council staff".
60 Conflicts of interest, ineligibility or unavailability of
Councillor Conduct Panel members--Amendment
10 of Schedule 5
In clause 10(1)(a) of Schedule 5 to the Principal
Act, for "employee" substitute "member of
Council staff".
61 Regulations--Amendment of Schedule 12
15 After clause 17 of Schedule 12 to the Principal
Act insert--
"17A Prescribing details with respect to the
preparation and content of local laws.".
__________________
561355B.I-11/8/2009 20 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 4--Technical Amendments to City of Melbourne Act 2001
s. 62
PART 4--TECHNICAL AMENDMENTS TO CITY OF
MELBOURNE ACT 2001
62 Application of certain provisions of the Local
Government Act 1989
5 In section 5(1) of the City of Melbourne Act See:
Act No.
2001, for "(m), (n), (na) and (nb)" substitute 5/2001.
"(m) and (n)". Reprint No. 1
as at
1 July 2007
and
amending
Act Nos
35/2008 and
67/2008.
LawToday:
www.
legislation.
vic.gov.au
63 Establishment of the Docklands Co-ordination
Committee
10 In section 27B(3) of the City of Melbourne Act
2001, for "88(3), 88(4), 88(7)," substitute
"87(2), 87(3), 87(4), 87(8),".
64 Orders to continue
Section 32(2) of the City of Melbourne Act 2001
15 is repealed.
__________________
561355B.I-11/8/2009 21 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Part 5--Repeal of Amending Act
s. 65
PART 5--REPEAL OF AMENDING ACT
65 Repeal of amending Act
This Act is repealed on 1 September 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561355B.I-11/8/2009 22 BILL LA INTRODUCTION 11/8/2009
Local Government Amendment (Offences and Other Matters) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561355B.I-11/8/2009 23 BILL LA INTRODUCTION 11/8/2009
[Index] [Search] [Download] [Related Items] [Help]