Victorian Current Acts Victorian Current Acts(1) On the recommendation of the Minister, the Governor in Council may, by Order in Council, suspend all of the Councillors of a Council.
(2) The Minister may make a recommendation under subsection (1) if the Minister is satisfied on reasonable grounds—
(a) subject to subsection (3), that there has been a failure to provide good governance; or
(b) that the Council has repeatedly and substantially failed to comply with a general Order and any special Order.
(3) Before making a recommendation on the grounds specified in subsection (2)(a), the Minister must consider what steps the Council has taken to address and remedy the difficulties underlying the failure.
(4) The Governor in Council may, by Order in Council, do any or all of the following—
(a) suspend all of the Councillors of the Council;
(b) appoint an administrator for the Council;
(c) appoint a person to fill a vacancy in the office of administrator;
(d) appoint a temporary administrator in the place of the administrator to act in the administrator's absence or incapacity to act.
(5) The Order in Council takes effect from the date specified in the Order in Council.
(6) The Order in Council has full force and effect despite any non-compliance with any of the matters required by this section as preliminary to the making of the Order in Council.
(7) The Order in Council—
(a) must be laid before both Houses of Parliament—
(i) if Parliament is then sitting, within 7 days after its making; or
(ii) if Parliament is not then sitting, within 7 days after the next meeting of Parliament; and
(b) may be disallowed by a resolution of either House of Parliament within 7 days after it has been laid before each House.
(8) If the Order in Council is disallowed—
(a) the Governor in Council must by Order in Council fix a day on which—
(i) the administrator must go out of office; and
(ii) the suspended Councillors must resume office; and
(b) the disallowance does not affect anything done under the disallowed Order in Council.
(9) The Order in Council under subsection (1) expires—
(a) unless paragraph (b) applies, one year after the date of its publication; or
(b) on the date specified in the Order in Council, being a date which is less than one year after the date of its publication.
(10) The suspended Councillors are not Councillors of the Council during the period of suspension.
(11) On the expiry of the Order in Council, the Councillors resume office and the administrator goes out of office unless—
(a) the Minister has fixed the date on which a general election for the Council is to be held and has published notice of that date in the Government Gazette; or
(b) a Bill to dismiss the Council has been introduced into the Parliament.
(12) The date fixed for the holding of the general election must be a date that occurs within the period of 100 days after the date on which the Order in Council expires.
(13) If the Bill to dismiss the Council has not become an Act which is in operation within the period of 100 days after the date on which the Order in Council expires, the Councillors resume office and the administrator goes out of office immediately after the end of that period.
(14) An election under subsection (11)(a) must be held in accordance with the procedures for a general election.
(15) If the election is held under subsection (11)(a), on the public declaration of the election result the administrator goes out of office.
(16) The Chief Executive Officer must summon a Council meeting within 14 days after the public declaration of the election result.