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This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT AMENDMENT (CONFLICTING DUTIES) BILL 2009

                 PARLIAMENT OF VICTORIA

Local Government Amendment (Conflicting Duties)
                  Bill 2009



                      TABLE OF PROVISIONS
Clause                                                                  Page
  1    Purpose                                                             1
  2    Commencement                                                        1
  3    New sections 28A and 28B inserted                                   2
       28A     Disqualification to be a Councillor due to conflicting
               duties                                                      2
       28B     Transitional provision                                      3
  4    Repeal of amending Act                                              4
                          

ENDNOTES                                                                   5




561415B.I-28/7/2009                   i      BILL LA INTRODUCTION 28/7/2009

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Local Government Amendment (Conflicting Duties) Bill 2009 A Bill for an Act to amend the Local Government Act 1989 to provide for conflicting duties of persons who are or want to be Councillors and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Local Government Act 1989 to provide for conflicting duties of persons who are or want to be 5 Councillors and for other purposes. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 561415B.I-28/7/2009 1 BILL LA INTRODUCTION 28/7/2009

 


 

Local Government Amendment (Conflicting Duties) Bill 2009 s. 3 3 New sections 28A and 28B inserted See: After section 28 of the Local Government Act Act No. 11/1989. 1989 insert-- Reprint No. 10 as at "28A Disqualification to be a Councillor due to 2 April 2009. 5 LawToday: conflicting duties www. legislation. (1) Subject to section 28B, unless subsection (2) vic.gov.au applies, a person is not capable of becoming or continuing to be a Councillor or nominating as a candidate at an election 10 under this Act if the person is-- (a) a member of the Parliament of Victoria or of the Parliament of the Commonwealth of Australia or of another State or a Territory of the 15 Commonwealth; or (b) employed as a Ministerial officer, a Parliamentary adviser or an electorate officer by a member of the Parliament of Victoria or in a corresponding 20 position (however designated) by or for a member of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or 25 (c) a Councillor of another Council constituted under this Act or a member of a corresponding body (however designated) under an Act of another State or a Territory of the 30 Commonwealth. (2) A person to whom subsection (1)(b) applies is not prevented from nominating as a candidate at an election or from being declared elected at an election if for the 35 duration of the election period for that election-- 561415B.I-28/7/2009 2 BILL LA INTRODUCTION 28/7/2009

 


 

Local Government Amendment (Conflicting Duties) Bill 2009 s. 3 (a) the person has taken leave from any office or position referred to in subsection (1)(b) held by that person; and 5 (b) the person does not perform any of the duties of that office or position. (3) Despite subsection (2), a person to whom subsection (1)(b) applies cannot take the oath of office after being declared elected if the 10 person continues to hold any office or position referred to in subsection (1)(b). (4) In this section-- electorate officer means a person employed under Part 4 of the Parliamentary 15 Administration Act 2005; Ministerial officer means a person employed as a Ministerial officer under Part 6 of the Public Administration Act 2004; Parliamentary adviser means a person 20 employed as a Parliamentary adviser under Part 6 of the Public Administration Act 2004. 28B Transitional provision A Councillor who immediately before the 25 commencement of the Local Government Amendment (Conflicting Duties) Act 2009 holds any office or position referred to in section 28A(1)(a), (b) or (c) who continues to hold that office or position at the expiry of 30 the period of 7 days after that commencement goes out of office as a Councillor on the expiry of that period.". 561415B.I-28/7/2009 3 BILL LA INTRODUCTION 28/7/2009

 


 

Local Government Amendment (Conflicting Duties) Bill 2009 s. 4 4 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 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). 561415B.I-28/7/2009 4 BILL LA INTRODUCTION 28/7/2009

 


 

Local Government Amendment (Conflicting Duties) Bill 2009 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561415B.I-28/7/2009 5 BILL LA INTRODUCTION 28/7/2009

 


 

 


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