Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 329

Specific savings and transitional provisions

    (1)     Despite the commencement of section 359, the  Local Government Act 1989 as in force immediately before that commencement continues to apply to, and in respect of, any election required to be held before the general elections in 2020.

    (2)     If a probity auditor is conducting a probity audit under the Local Government Act 1989 immediately before the commencement of section 359, sections 107 to 110 of the Local Government Act 1989 continue to apply as if those sections had not been repealed.

    (3)     If an electoral representation review is being conducted when section 359 comes into operation, the electoral representation review ceases on that commencement.

    (4)     Despite the commencement of Division 1 of Part 11, the City of Greater Geelong Act 1993 as in force immediately before that commencement continues to apply to, and in respect of, the following—

        (a)     any election required to be held before the general elections in 2020;

        (b)     any Councillor, Mayor or Deputy Mayor in office until the general elections in 2020.

    (5)     Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the City of Greater Geelong Act 1993 or existing or continuing under the City of Greater Geelong Act 1993 immediately before its repeal by this Act continues under and subject to this Act to have the same status, operation and effect as they respectively would have had if the City of Greater Geelong Act 1993 had not been repealed by this Act.

    (6)     Despite the commencement of Division 2 of Part 11, the City of Melbourne Act 2001 as in force immediately before that commencement continues to apply to, and in respect of, the following—

        (a)     any election required to be held before the general elections in 2020;

        (b)     any Councillor, Lord Mayor or Deputy Lord Mayor in office until the general elections in 2020.

S. 329(7) amended by No. 30/2022 s. 40.

    (7)     Despite the commencement of section 361, the Local Government Act 1989 as in force immediately before that commencement continues to apply to, and in respect of, the following—

        (a)     any Councillor or Mayor in office until the general elections in 2020;

        (b)     the preparation of the annual report for the financial year ending 30 June 2021;

        (c)     strategic planning for the financial year ending 30 June 2021;

        (d)     any internal resolution procedure being conducted under Division 1AB of Part 4 of the Local Government Act 1989 ;

        (e)     any Councillor Conduct Panel established to hear any matter under section 81V of the Local Government Act 1989 .

S. 329(8) amended by No. 30/2022 s. 40.

    (8)     If a Commission of Inquiry appointed under section 209 of the Local Government Act 1989 is conducting an inquiry immediately before the commencement of section 361—

        (a)     the Commission of Inquiry is to be taken to have been appointed under section 200; and

        (b)     the provisions of this Act apply accordingly.

S. 329(9) amended by No. 30/2022 s. 40.

    (9)     If a Municipal Monitor appointed under section 223CA of the Local Government Act   1989 is in office immediately before the commencement of section 361—

        (a)     the Municipal Monitor is to be taken to have been appointed under section 179; and

        (b)     the provisions of this Act apply accordingly.



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