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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government (Miscellaneous Amendment) Act
1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Change of coastal boundaries of municipal districts 2
4. Consequential changes relating to the electoral structure of
Councils 2
5. First 2 non-resident owners/occupiers to be automatically
enrolled 3
6. Substitution of section 15 5
15. Procedure if there are more than 2 non-resident
owners/occupiers 6
7. Updating of company secretary description 6
8. Insertion of section 21A 6
21A. Order in Council dates 6
9. Consequential amendments 7
10. Clarification concerning issuing of infringement notices 8
11. Insertion of section 40B 8
40B. Compulsory voting--Councils re-constituted under section
220Q(na) 8
12. Voting at polls may be by postal voting only 9
13. Housekeeping amendments concerning polls 10
14. Changes concerning mayoral and councillor allowances 10
15. Changes concerning the preparation of financial statements 11
16. Councils not to be able to charge 5 year rates backpayment on
change of status of land 11
17. Minor changes concerning appeals against rates and charges 11
18. Changes concerning the preparation of competitive tendering
statements 12
19. Changes concerning reviews of electoral representation 12
20. Power to change electoral structure of Councils 14
21. Repeal of the Public Authorities Marks Act 1958 14
22. Changes concerning the preparation of performance statements 14
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Clause Page
23. Repeal of section 213 of the Building Act 1993 14
24. Statute law revision 15
NOTES 16
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PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 1997
As amended by Assembly 16 October 1997
A BILL
to amend the Local Government Act 1989, the Building Act 1993
and the Local Government (Amendment) Act 1996, to repeal the
Public Authorities Marks Act 1958 and for other purposes.
Local Government (Miscellaneous
Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The main purposes of this Act are--
(a) to amend the Local Government Act
1989--
5 (i) to modify the provisions concerning
mayoral and councillor allowances; and
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Act No.
(ii) to modify provisions concerning the
conduct of polls and other electoral
matters; and
(iii) to allow a Council to consist of
5 Councillors elected for wards and
Councillors elected for the Council's
municipal district as a whole; and
(iv) to generally improve the operation of
that Act; and
10 (b) to repeal the Public Authorities Marks Act
1958; and
(c) to repeal an outdated provision of the
Building Act 1993.
2. Commencement
15 (1) This Act (other than sections 5(1), 6, 15 and 18)
comes into operation on the day on which it
receives the Royal Assent.
(2) Sections 5(1), 6, 15 and 18 come into operation on
a day or days to be proclaimed.
20 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1998, it
comes into operation on that day.
3. Change of coastal boundaries of municipal districts
In section 3(3A) of the Local Government Act
25 1989, for "high water" substitute "low water".
4. Consequential changes relating to the electoral
structure of Councils
(1) After section 10(4) of the Local Government Act
1989 insert--
30 "(5) Sub-sections (2) and (3) do not apply to any
Council that has been re-constituted by an
Order made under section 220Q(na) while
that Order remains in force.
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(6) The Councillors of a Council referred to in
sub-section (5) who are to be elected to
represent the municipal district of the
Council as a whole must be elected in
5 accordance with Part 4 of Schedule 3, unless
the Order made under section 220Q(na)
specifies that they are to be elected under
Part 4A of Schedule 3.".
(2) In Part 4A of Schedule 3 of the Local
10 Government Act 1989, in the heading, after
"CITY COUNCIL" insert "AND OTHER
SPECIFIED COUNCILS".
(3) In Part 4A of Schedule 3 of the Local
Government Act 1989, at the end of clause 11A
15 insert--
"(2) This Part also applies if an Order made under
section 220Q(na) re-constituting a Council
specifies that it is to apply to the election of
Councillors to represent the municipal
20 district of the Council as a whole.".
5. First 2 non-resident owners/occupiers to be
automatically enrolled
(1) In the Local Government Act 1989--
(a) in section 11(3), for "1 joint owner is"
25 substitute "2 joint owners are";
(b) in section 11(5), for "1 joint occupier is"
(wherever occurring) substitute "2 joint
occupiers are".
(2) For section 13(1) of the Local Government Act
30 1989 substitute--
"(1) If on the entitlement date--
(a) a corporation is the sole owner or the
sole occupier of any rateable land in a
ward; or
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(b) a corporation is the joint owner or the
joint occupier of any rateable land in a
ward, but none of the other joint owners
or occupiers (as the case may be) is a
5 corporation--
the corporation may appoint a person to
represent it at Council elections to vote on its
behalf.".
(3) For sections 13(2) and (3) of the Local
10 Government Act 1989 substitute--
"(2) A corporation may only be represented by
one person under this section at a Council
election in respect of a ward, regardless of
anything to the contrary in sub-sections (1)
15 and (3).
(3) If, on the entitlement date, any rateable land
in a ward is jointly owned or jointly
occupied by 2 or more corporations, those
corporations may appoint a person to
20 represent them at Council elections to vote
on their behalf.
(4) Sub-section (3) applies even if one or more
of the joint owners or joint occupiers is a
person.
25 (5) A corporation that is entitled to be
represented under sub-section (1) in respect
of a ward is not entitled to be represented
under sub-section (3) in respect of that ward.
(6) A corporation that is already represented
30 under sub-section (3) in respect of a ward is
not entitled to participate in the appointment
of another representative under sub-section
(3) in respect of that ward.".
(4) For section 13A(2)(a) of the Local Government
35 Act 1989 substitute--
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'(a) for sections 13(1) and (2) there were
substituted--
"(1) If on the entitlement date--
(a) a corporation is the owner or
5 occupier of any rateable land in a
ward; or
(b) the joint owners or joint occupiers
of any rateable land in a ward
consist of corporations or a
10 combination of people and
corporations (of at least 1 person
and 1 corporation)--
the corporation or the joint owners or
joint occupiers may appoint 2 people to
15 represent it or them.
(2) A corporation may only exercise the
right of entitlement conferred by sub-
section (1) once in respect of a ward,
regardless of how many parcels of
20 rateable land it owns or occupies or
jointly owns or occupies in that
ward.";'.
(5) For section 13A(2)(b) of the Local Government
Act 1989 substitute--
25 "(b) sections 13(3)--(6) were repealed;".
(6) For section 14(2) of the Local Government Act
1989 substitute--
"(2) Despite anything to the contrary in this Part,
a person is only entitled to vote once at any
30 election in respect of a ward, regardless of
how many different entitlements the person
may have to vote in respect of that ward.".
6. Substitution of section 15
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For section 15 of the Local Government Act
1989 substitute--
"15. Procedure if there are more than 2 non-
resident owners/occupiers
5 For the purposes of section 11(2) or (4), if it
appears from the rate records of the Council
that there are more than 2 owners or more
than 2 occupiers of any rateable land, the
Chief Executive Officer must enrol without
10 application the 2 owners or the 2 occupiers
(as the case may be)--
(a) whose names appear first on the rate
records in relation to that land when
those names are read in the order in
15 which they appear in those records; and
(b) who are eligible to be enrolled under
that section in respect of that land.".
7. Updating of company secretary description
In section 18A(2) of the Local Government Act
20 1989--
(a) for paragraph (a) substitute--
"(a) a company secretary of the corporation
(to be taken in alphabetical order);";
(b) paragraph (c) is repealed.
25 8. Insertion of section 21A
After section 21 of the Local Government Act
1989 insert--
30 "21A. Order in Council dates
The date specified for the purposes of
section 21(2) or 22(2) by Order in Council--
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(a) must be a date after the entitlement date
of the relevant election or poll;
(b) must be specified each year for
Councils that hold annual elections;
5 (c) in respect of a Council that holds
triennial elections, need only be
specified in the election year of that
Council;
(d) must be specified in respect of any
10 Council that is required to hold a poll
of voters (unless the poll is to be held at
the same time as an election).".
9. Consequential amendments
(1) In the Local Government Act 1989--
15 (a) in section 21(2), omit "in each year (being a
date after the entitlement date)";
(b) in section 22(2), omit "in each year (being a
date after the entitlement date)";
(c) in section 24(4), omit "and not later than a
20 date to be specified by Order in Council in
any other year".
(2) After section 24(4) of the Local Government Act
1989 insert--
"(4A) In the case of a Council that is required to
25 conduct a poll of voters, the Chief Executive
Officer must not later than 3 days before the
poll is to be held certify in writing that the
voters' roll has been prepared in accordance
with this Act (unless the poll is to be held at
30 the same time as an election).".
(3) In section 39 of the Local Government Act
1989--
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Act No.
(a) in sub-section (2), after "Melbourne City
Council" insert "or a specified Council";
(b) in sub-section (3), after "City of Melbourne"
insert "or the municipal district of a
5 specified Council".
(4) After section 39(3) of the Local Government Act
1989 insert--
'(4) In this section, "specified Council" means a
Council that has been re-constituted by an
10 Order made under section 220Q(na) while
that Order remains in force.'.
10. Clarification concerning issuing of infringement
notices
For section 40A(7) of the Local Government Act
15 1989 substitute--
"(7) Sections 40(2) to (13) apply as if--
(a) an offence under sub-section (3) was an
offence under section 40(1A); and
(b) a reference to a person in section 40(3)
20 included a reference to a corporation.".
11. Insertion of section 40B
After section 40A of the Local Government Act
1989 insert--
"40B. Compulsory voting--Councils re-
25 constituted under section 220Q(na)
(1) Section 40(1) does not apply to elections for
any Council re-constituted by an Order made
under section 220Q(na) while that Order
remains in force.
30 (2) Except as is provided in the regulations, it is
compulsory for a person who is enrolled on
the voters' roll in respect of any ward of such
a Council to vote--
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s. 12
Act No.
(a) at any election in respect of that ward;
and
(b) at any election in respect of the
municipal district as a whole.
5 (3) A person must vote as required by sub-
section (2).
Penalty: 1 penalty unit.
(4) If an election in respect of a ward and in
respect of the municipal district as a whole is
10 held on the same day, a person who fails to
vote in both elections is only guilty of one
offence under sub-section (3).
(5) Sections 40(2)-(13) apply as if an offence
under sub-section (3) was an offence under
15 section 40(1A).".
12. Voting at polls may be by postal voting only
(1) In section 41A of the Local Government Act
1989--
(a) in sub-section (1), after "an election" insert
20 "or at a poll of voters";
(b) in sub-sections (2)(a) and (b) and (4), after
"election" (wherever occurring) insert "or
poll";
(c) in sub-section (3)--
25 (i) after "If an election" insert "or a poll";
(ii) after "which an election" insert "or a
poll".
(2) In section 43(1)(ca) of the Local Government
Act 1989, after "held on" insert "or by".
30 (3) In Schedule 3 of the Local Government Act
1989--
(a) for clause 16(3)(a) substitute--
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Act No.
"(a) the date on which the poll is to be held,
or if all voting at the poll is to be by
means of postal voting, the last date on
which postal ballots may be validly
5 received;";
(b) for clause 17(1)(b) substitute--
"(b) the poll must be held on a Saturday and
must start at 8 a.m. and close at 6 p.m.
(unless all voting at the poll is to be by
10 means of postal voting);".
13. Housekeeping amendments concerning polls
In the Local Government Act 1989--
(a) sections 35(3) and 157(3) are repealed;
(b) in section 51, after "election" (wherever
15 occurring) insert "or poll";
(c) in sections 219(11) and (12), for "declaration
of the poll" substitute "public declaration of
the election result";
(d) in Schedule 3, in clause 17(1)(e), after "of
20 this Act" insert "(other than sections 40,
40A, 40B, 44, 45 and 46)".
14. Changes concerning mayoral and councillor
allowances
(1) After section 74(4) of the Local Government Act
25 1989 insert--
"(4A) A Mayor is not entitled to receive an
allowance as a Councillor if she or he is
receiving an allowance as a Mayor.
(4B) An Order in Council may specify that
30 different amounts and limits are to apply in
respect of specified categories of Councils.
(4C) In paying an allowance under this section, a
Council must make the payment in the
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s. 15
16
Act No.
manner specified in the Order in Council that
specified the amount of the allowance.".
(2) For section 74A(2) of the Local Government Act
1989 substitute--
5 "(2) The Order in Council may specify that the
Lord Mayor is to receive a higher allowance
than that specified for other Councillors.
(2A) The Lord Mayor is not entitled to receive an
allowance as a Councillor if she or he is
10 receiving an allowance as Lord Mayor.
(2B) In paying an allowance under this section,
the Council must make the payment in the
manner specified in the Order in Council that
specified the amount of the allowance.".
15 15. Changes concerning the preparation of financial
statements
After section 126(4B) of the Local Government
Act 1989 insert--
"(4C) The Council must not submit the financial
20 statements to its auditor or the Minister
unless it has passed a resolution giving its
approval in principle to the statements.
(4D) The Council must authorise 2 Councillors to
certify the statements in their final form after
25 any changes recommended, or agreed to, by
the auditor have been made.".
16. Councils not to be able to charge 5 year rates
backpayment on change of status of land
Section 174 of the Local Government Act 1989
30 is repealed.
17. Minor changes concerning appeals against rates and
charges
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s. 19
Act No.
For section 184(1) of the Local Government Act
1989 substitute--
"(1) A person who is aggrieved--
(a) by a rate or charge imposed by a
5 Council under this or any other Act; or
(b) by anything included or excluded from
such a rate or charge--
may appeal to the County Court for a review
of the rate or charge.
10 (1A) This section does not apply to a matter in
respect of which an objection or appeal may
be made under Part III of the Valuation of
Land Act 1960 or under section 183.
(1B) The person must lodge the appeal with the
15 Court within 60 days after first receiving
written notice of the rate or charge.".
18. Changes concerning the preparation of competitive
tendering statements
After section 208G(3) of the Local Government
20 Act 1989 insert--
"(3A) The Council must not submit the statement
to its auditor or the Minister unless it has
passed a resolution giving its approval in
principle to the statement.
25 (3B) The Council must authorise 2 Councillors to
approve the statement in its final form after
any changes recommended, or agreed to, by
the auditor have been made.
(3C) The approval by the 2 Councillors must be
30 given in the form and manner required by the
regulations.".
19. Changes concerning reviews of electoral
representation
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Local Government (Miscellaneous Amendment) Act 1997
Act No.
(1) For section 220(1) of the Local Government Act
1989 substitute--
"(1) If the municipal district of a Council is
divided into wards, at least once every 6
5 years the Council must undertake a review to
decide--
(a) whether the number of voters
represented by each Councillor is
within 10% of the number derived from
10 the following calculation--
V
C
where--
V is the number of people entitled to
vote in the municipal district;
15 C is the number of Councillors; and
(b) whether the existing boundaries of the
wards of the municipal district are a fair
and equitable division of the municipal
district into wards.
20 (1A) In the case of the Melbourne City Council or
any Council that is the subject of an order
made under section 220Q(na), a reference in
sub-section (1)(a) to a Councillor or
Councillors is to be read as only including
25 Councillors representing a ward.".
(2) After section 220(2) of the Local Government
Act 1989 insert--
"(2A) The Council must include in the notice
required by sub-section (2)(b) its reasons for
30 its decision.
(2B) The Council must give the Minister any
other information that the Minister asks for
in relation to a review.".
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s. 20
23
Act No.
20. Power to change electoral structure of Councils
For section 220Q(na) of the Local Government
Act 1989 substitute--
"(na) re-constitute a Council so that it consists of
5 Councillors elected to represent individual
wards and Councillors elected to represent
the municipal district as a whole;
(nb) re-constitute such a Council (other than the
Melbourne City Council) so that it consists
10 only of Councillors elected to represent
individual wards or only of Councillors
elected to represent the municipal district as
a whole;".
21. Repeal of the Public Authorities Marks Act 1958
15 The Public Authorities Marks Act 1958 is
repealed.
22. Changes concerning the preparation of performance
statements
In section 14 of the Local Government
20 (Amendment) Act 1996, after proposed section
153B(4) insert--
"(4A) The Council must not submit the statement
to its auditor or the Minister unless it has
passed a resolution giving its approval in
25 principle to the statement.
(4B) The Council must authorise 2 Councillors to
approve the statement in its final form after
any changes recommended, or agreed to, by
the auditor have been made.
30 (4C) The approval by the 2 Councillors must be
given in the form and manner required by the
regulations.".
23. Repeal of section 213 of the Building Act 1993
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Local Government (Miscellaneous Amendment) Act 1997
Act No.
Section 213 of the Building Act 1993 is repealed.
24. Statute law revision
In the Local Government Act 1989--
(a) in section 97C(6), for "(c)" substitute "(b)";
5 (b) in section 209(2)(d), for "Public Service
Act 1974" substitute "Public Sector
Management Act 1992";
(c) in Schedule 4, in clause 2(1)(c), for "Public
Service Act 1974" substitute "Public
10 Sector Management Act 1992 (except Part
9)".
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Local Government (Miscellaneous Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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