Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 236

Matters which may be included in Order

    (1)     The Governor in Council may by Order in Council provide for any matter necessary or convenient to give effect to this Division.

    (2)     Without limiting the generality of subsection (1), an Order in Council may provide for the following—

        (a)     any property, income, assets, rights, liabilities, expenses or other matters to be apportioned, settled, transferred, adjusted or determined;

        (b)     the appointment, transfer, redundancy or classification of members of Council staff and any matters relating to the remuneration and emoluments of such staff including superannuation and long service leave;

        (c)     the appointment, conditions of appointment and the powers and functions of any persons appointed to administer a new or reconstituted Council until an election is held;

        (d)     existing Councillors to go out of office and the election of new Councillors to be elected in the numbers, for the wards and the terms specified in the Order;

        (e)     the holding of elections having regard to the provisions of this Act and the regulations dealing with enrolment for and voting at Council elections and the election of Councillors, with such modifications as may be specified in the Order;

        (f)     the application, continuation, amendment or revocation of existing local laws;

        (g)     transitional provisions in relation to any act, matter or thing done or required to be done by or in relation to any Council affected by the Order in Council.

    (3)     If an Order in Council provides for the appointment of persons to administer a new or reconstituted Council until an election is held, those persons by virtue of this Act—

        (a)     are deemed to be the Councillors of the Council and together to constitute the Council as Councillors; and

        (b)     have and may exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed upon the following—

              (i)     a Council or a former Council by or under any Act;

              (ii)     Councillors generally or upon the Councillors of a former Council by or under any Act;

              (iii)     the persons so appointed by the Order in Council.

    (4)     If an Order in Council provides for the appointment of a chairperson of persons appointed to administer a new or reconstituted Council until an election is held, the chairperson by virtue of this Act—

        (a)     is deemed to be the Mayor of the Council as if appointed or elected as Mayor in accordance with this Act; and

        (b)     has and may exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed upon the following—

              (i)     Mayors generally or upon the Mayor of a former Council by or under any Act;

              (ii)     the person so appointed by the Order in Council.



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