Local Government Act 2020 (Vic)
Version No. 023
Local Government Act 2020
No. 9 of 2020
Version incorporating amendments as at
31 December 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Objectives of Act
5Act is interface legislation and filming approval legislation
6Obligations of Council in relation to Yarra River land
7Obligations of Council in relation to declared areas
7AObligations of Council in relation to Great Ocean Road region
Part 2—Councils
Division 1—Role and powers of a Council
8Role of a Council
9Overarching governance principles and supporting principles
10General power
11Power of delegation
Division 2—Constitution of a Council
12How is a Council constituted?
13Constitution of a Council
14Council is a body corporate
15Electoral structure of a Council
16Electoral structure review
17Ward boundary review
Division 3—The Mayor and the Deputy Mayor
18Role of the Mayor
19Specific powers of the Mayor
20When does the office of Mayor become vacant?
20AOffice of Deputy Mayor
20BActing Mayor
21Role and powers of the Deputy Mayor
22When does the office of Deputy Mayor become vacant?
23Declaration of office of Mayor or Deputy Mayor to be vacant
24Local Government Mayoral Advisory Panel
Division 4—Election of Mayor and Deputy Mayor
25Election of Mayor
26When is a Mayor to be elected?
27Election of Deputy Mayor
Division 4A—Mayoral training
27AMayoral training
27BFailure to take Mayoral training and make declaration
Division 5—Councillors
28Role of a Councillor
29Term of office of a Councillor
30Oath or affirmation of office
31Failure to take oath or affirmation of office
32Councillor induction training
33Failure to take Councillor induction training and make declaration
33ARegular professional development training of Councillors
33BFailure to take professional development training and make declaration
34Qualification to be a Councillor
34ADisqualification by Governor in Council
35Councillor ceasing to hold office
36Ouster from office
37Suspension of Councillor
38Penalty for acting as a Councillor when not qualified or ceasing to hold office
Division 6—Entitlements
39Allowances for Mayors, Deputy Mayors and Councillors
40Reimbursement of expenses of Councillors and members of a delegated committee
41Council expenses policy
42Resources and facilities for the Mayor and Councillors
43Indemnity for Councillors—general
43AIndemnity for Councillors—legal costs
Division 7—Chief Executive Officer and members of Council staff
44The Chief Executive Officer
45Chief Executive Officer Employment and Remuneration Policy
46Functions of the Chief Executive Officer
47Delegations by Chief Executive Officer
48Members of Council staff
49Code of conduct for members of Council staff
50Long service leave
51Validity of decisions
52Indemnity provision for Chief Executive Officer and members of Council staff
Division 8—Audit and Risk Committee
53Council must establish an Audit and Risk Committee
54Audit and Risk Committee Charter
Division 9—Council policies relating to good governance
54ACouncil required to develop, adopt and maintain policies relating to good governance
Part 3—Council decision making
Division 1—Community accountability
55Community engagement policy
56The community engagement principles
57Public transparency policy
58The public transparency principles
Division 2—Procedure and proceedings
59Resolution of the Council
60Governance Rules
61Council meetings
62Joint meetings of Councils
63Delegated committees
64Joint delegated committees
65Community Asset Committee
66Meetings to be open to the public unless specified circumstances apply
67Council decision making where quorum cannot be maintained
68Validity of proceedings
69Governance Rules to include election period policy
70Prohibition of Councillor discretionary funds
Division 3—Local laws
71Power to make local laws
72Local law requirements
73Proposing a local law
74Making a local law
75Availability of a local law
76Incorporation by reference
77Permits, licences, fees and charges
78Delegation and discretionary authority
79Penalties
80Application of local law
81Infringement notices
82Recovery of penalty
83Commencement of local law
84Sunset provision
85Revocation by Governor in Council
86Validity of local law
Division 4—Good practice guidelines
87Minister may issue good practice guidelines
Part 4—Planning and financial management
Division 1—Strategic planning
88Community Vision
89Strategic planning principles
90Council Plan
91Financial Plan
92Asset Plan
93Revenue and Rating Plan
Division 2—Budget processes
94The budget
95Revised budget
96Preparation of budget or revised budget
97Quarterly budget report
Division 3—Reporting
98Annual report
99Preparation of annual report
100Meeting to consider annual report
Division 4—Financial management
101Financial management principles
102Financial policies
103Investments
104Borrowings
105Accounts and records
Part 5—Council operations
Division 1—Service performance
106Service performance principles
107Complaints policy
Division 2—Procurement
108Procurement Policy
109Procurement
Division 3—Beneficial enterprises
110Beneficial enterprises
111Process before participating in beneficial enterprises
Division 4—Powers in relation to land
112Acquisition and compensation
113Creation of easements
114Restriction on power to sell, exchange or transfer without consideration land
115Lease of land
116Transfer, exchange or lease of land without consideration
Division 5—Carrying out works on land
117When Council or other person can carry out required work
118Right of owner to carry out required work on occupied land
Division 6—Unpaid money
119Recovery of money owed to Council by former owner or occupier
120Council may charge interest on unpaid money
Division 7—Land information
121Land information certificate
122Notice in relation to acquisition of land
Part 6—Council integrity
Division 1—Improper conduct
123Misuse of position
124Directing a member of Council staff
125Confidential information
Division 2—Conflict of interest
126Definitions
127General conflict of interest
128Material conflict of interest
129Exemptions
130Disclosure of conflict of interest
131Disclosure of conflict of interest at other meetings
Division 3—Personal interests returns
132Definitions
133Lodging of an initial personal interests return
134Lodging of a biannual personal interests return
135Public access to summary of personal interests
136Confidentiality of personal interests returns
Division 4—Gifts
137Anonymous gift not to be accepted
138Councillor gift policy
Division 5—Councillor conduct
139Model Councillor Code of Conduct
140Council required to implement prescribed procedures
141Internal arbitration process
142The panel list
143Application for an internal arbitration process
144Principal Councillor Conduct Registrar must examine application
144ARelated applications
144BReimbursement by Council
145Internal arbitration information
145AProcedures
145BObligation on Council
146Arbiter must refer certain applications
146AInvestigation or application by Chief Municipal Inspector
147Sanctions that may be imposed by an arbiter on finding of misconduct
147AASuspension of matters during election period
147AImmunity of arbiters
Division 6—Appointment and functions of Principal Councillor Conduct Registrar and Councillor Conduct Officers
148Appointment of Principal Councillor Conduct Registrar
149Functions and powers of the Principal Councillor Conduct Registrar
149ADelegation by Principal Councillor Conduct Registrar
150Appointment of Councillor Conduct Officer
151Functions of a Councillor Conduct Officer
152Council must pay fees
Division 7—Councillor Conduct Panels and VCAT
153The panel list
154Application to Councillor Conduct Panel
155Principal Councillor Conduct Registrar must examine application
156Principal Councillor Conduct Registrar to form Councillor Conduct Panel
157Related applications
158Charge for certain offences not to proceed if application has been made
159Application not to be made if charge has been made for certain offences
159AReimbursement by Council
160Notice of a Councillor Conduct Panel
161Procedures
162Obligation on Council
163Conduct of a Councillor Conduct Panel
164Dissolution of Councillor Conduct Panels
165Notification to Chief Municipal Inspector of apparent offence
166Investigation by Chief Municipal Inspector
166AMatter already dealt with by Municipal Monitor or Commission of Inquiry
167Determinations by a Councillor Conduct Panel
168Notice and tabling of decision
169Councillor Conduct Panel confidential information
170Review by VCAT
171Application to VCAT on grounds of gross misconduct
172Powers of VCAT in relation to finding of gross misconduct
173Suspension of matters during election period
174Immunity
Part 7—Ministerial oversight
Division 1—Governance directions
175Minister may give direction
176Failure to comply with written direction
Division 2—Compliance exemptions
177Application for compliance exemption
178Actions by Minister
Division 3—Municipal Monitors
179Municipal Monitor
180Functions of a Municipal Monitor
181Powers of Municipal Monitor
181AProvision of information requested by Municipal Monitor
181BInformation provided to Municipal Monitor
181CAdverse findings
181DFurther requirements for certain findings
181EImmunity of Municipal Monitor
Division 4—Chief Municipal Inspector
182Appointment of Chief Municipal Inspector
183Powers of the Chief Municipal Inspector
183AAdvice to Ministers
184Chief Municipal Inspector must investigate public interest complaints
185Chief Municipal Inspector must refuse to investigate certain public interest complaints
186Chief Municipal Inspector may refuse to investigate certain public interest complaints
187Notification of refusal to conduct investigation on public interest complaint
188Notification of corrupt conduct
189Procedure on completion of investigation of public interest complaint
190Person who made public interest disclosure to be informed of result of investigation
191Chief Municipal Inspector must not disclose certain information
192Disclosure of information by the Chief Municipal Inspector
193Confidentiality notice
194Extension of confidentiality notice
195Chief Municipal Inspector to provide the IBAC with copies
196Disclosure subject to confidentiality notice
197Delegation by Chief Municipal Inspector
198Offences in relation to Chief Municipal Inspector
199Referral to Supreme Court
199AAChief Municipal Inspector may report to Parliament
199AABTabling of report to Parliament
199AACInfringements
199AAct applies equally to attendance in person or by audio or audio visual link
Division 5—Commissions of Inquiry
200Appointment of Commission of Inquiry
201Appointment of Commissioners
202Services to support Commission of Inquiry
203Certain public sector values do not apply to Commission of Inquiry staff
204Manner of inquiry of Commission of Inquiry
205Rules of evidence do not apply
206Power to serve a written notice
207Power to examine person under oath or on affirmation
208Powers in relation to documents and other things
209Witnesses may be represented
210Proceedings of the inquiry may be open or closed
211Access to Commission of Inquiry proceedings
212Restriction on publication of information relating to inquiries
213Offence to contravene exclusion or restriction orders
214Order as to costs
215Protection of Commissioners, members of staff, Australian legal practitioners and witnesses
216Admissibility of answers, information, documents and other things
217Adverse findings
218Confidentiality for members of staff
219Disclosure or provision of information by Commission of Inquiry
220Offence to make false or misleading statements or produce false or misleading documents or other things
220AReport of Commission of Inquiry
221Tabling of report of Commission of Inquiry
222Transfer of records
223Exemption from Freedom of Information Act 1982
Division 6—Standing down of Councillor on recommendation of the Minister
224Application of Division
225Referral of Councillor to the Chief Municipal Inspector or a Municipal Monitor
226Chief Municipal Inspector or Municipal Monitor to conduct investigation and prepare a report
227Councillor may respond to report
228Councillor may be ordered to stand down
Division 6A—Standing down of Councillor charged with offence
229Standing down of Councillor charged with offence
Division 7—Suspension of Councillors
229ASuspension of individual Councillors
229BIneligibility following suspension
230Suspension of all of the Councillors of a Council
231Provisions relating to appointment of administrators
Division 8—Temporary administration
232Temporary administration if multiple extraordinary vacancies created
233Suspension of remaining Councillors
Division 9—Restructuring Orders
234Construction provisions
235Power to make Orders
236Matters which may be included in Order
237General provisions relating to Orders
238Restrictions on making of Order in Council
239Restructuring advisory panels
Part 8—Electoral provisions
Division 1—Voters
240Entitlements relating to enrolment
241Residents entitled to be enrolled without application
242Owner ratepayers may apply for enrolment
243Entitlement to enrolment without application until the second general election to be conducted under section 257(1)(b) or the general election for Whittlesea City Council and Casey City Council in October 2024
244Occupier ratepayers may apply to be enrolled
245Provisions relating to corporations
246Provisions relating to appointments and enrolments
247Request that address not be shown
Division 2—Voters' rolls
248Chief Executive Officer to prepare voters' list of ratepayers
249VEC to compile voters' rolls
250Amendment of certified voters' roll
251Inspection of certified voters' roll
252Provision of voters' rolls to a candidate
253Provision of voters' rolls to a person or organisation other than a candidate
254Use of voters' roll by the Chief Executive Officer
255Validity of voters' rolls
Division 3—Candidate for election
256Candidate for election
Division 4—Holding of general elections and by‑elections
257General elections
258Extraordinary vacancy
259When is an extraordinary vacancy not to be filled?
260When is a by-election to be held?
261When is a countback to be held?
Division 5—Conduct of elections
262Voting system
263Conduct of election
264Filling of vacancies
265One vote per person
266Voting is compulsory
267Infringement offence and infringement penalty
268VEC's election and enforcement expenses
269Marking of ballot-paper at election to express preference
270Validity of election
Division 6—Counting of votes—single vacancy
271Application of Division
272Only 2 candidates
273More than 2 candidates
Division 7—Counting of votes—any election to which Division 6 does not apply
274Application of Division
2752 or more Councillors to be elected
Division 8—Countback process and counting of votes
276Definitions
277Exclusion of candidate
278Filling of multiple vacancies
279Procedure if there are no eligible candidates
280Procedure if there is only one eligible candidate
281Procedure if there is more than one eligible candidate
282Conduct of countback
283Procedure if the countback fails
284Declaration of result
285Process for counting of votes at a countback
Division 9—Electoral offences
286Nomination offence
287Printing and publication of electoral material
288Misleading or deceptive matter
289Heading to electoral advertisements
290Author to be identified
291Distribution of printed electoral material
292Power to request handing over of how-to-vote cards
293False or misleading information or particulars
294Voting offences
295Offences at voting centre
296Tampering
297Secrecy of vote
298Agreement to post ballot-paper
299Offence to interfere with postal ballot materials
300Bribery, treating and undue influence
301Interference with political liberty
302Powers of election manager or election official
303Offences relating to members of Council staff, election managers and election officials
304Prohibition on Councillor or member of Council staff
305Injunction
Division 10—Election campaign donations
306Return by candidate
307Responsibilities of Chief Executive Officer
308Other matters relating to summaries of returns
309Certain gifts not to be accepted
310Certain amounts forfeited to State
Division 11—Disputing the validity of an election
311Application to VCAT for review
312Powers of VCAT
Part 9—General provisions
313Proceedings
314Service on a Council
315Service on a person
316Evidence of service
317Power of delegation
318Obstructing Council
319Persons who are liable for offences
320Criminal liability of officers of bodies corporate—failure to exercise due diligence
321Imposition of a surcharge
322Payment of the surcharge
323Evidence of ownership
324Evidentiary provisions
325Regulations
326Regulations relating to electoral matters
Part 10—Savings and transitional
328General savings
329Specific savings and transitional provisions
330Specific provisions apply to existing regional libraries
330BTransitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022
330CTransitional provision—Local Government Amendment (Governance and Integrity) Act 2024—suspension of matters during election period
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 023
Local Government Act 2020
No. 9 of 2020
Version incorporating amendments as at
31 December 2024
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to give effect to section 74A(1) of the Constitution Act 1975 which provides that local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.
2Commencement
(1)The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 1 July 2020, they come into operation on that day—
(a)this Part;
(b)Division 1 of Part 2 (except section 11);
(c)Division 2 of Part 2;
(d)Division 6 of Part 2 (except sections 40 to 43);
(e)Division 1 of Part 3 (except sections 55 and 57);
(f)Division 4 of Part 3;
(g)sections 89, 101 and 106;
(h)Divisions 6 and 9 of Part 7;
(i)Part 8;
(j)sections 325, 326 and 327;
(k)sections 328 and 329(1) to (6);
(l)Divisions 1 and 2 of Part 11:
(m)sections 358, 359, 363 and 364;
(n)Divisions 4, 5, 6 and 7 of Part 11;
(o)heading to Schedule 1 and Schedule 1 items 1.1, 3, 4, 5, 7, 8.1, 9, 10, 11, 12, 13.1, 13.2, 13.3, 14, 15, 16, 17, 19, 20.1, 21.1, 21.3, 21.4, 22, 23.3, 24, 26, 27, 28.1, 29, 30.1, 31, 32, 33, 34, 35, 36, 37, 38, 39.1(a), 39.2, 40.1, 40.2, 40.7(a), 41, 42, 43.1, 44.1, 45, 45A, 46, 47.1, 47.2, 48, 49, 50, 51, 52, 53, 54.1, 55, 56.1(a), 56.2, 59, 60, 61, 62, 63, 63A, 64, 65, 67, 68, 69.1, 69.5, 70A, 71, 72, 74, 75.1, 75.5, 76, 77.2, 77.3, 77.4, 77.7, 77.8, 77.9, 78, 79, 80, 81.1, 82.1, 82.2, 83, 84, 85, 86, 87, 88, 89, 90.2, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 102, 104, 105, 106, 107, 108, 110, 111, 112, 113.2, 113.3, 113.4, 113.5, 114, 115.
(2)The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 1 July 2020, they come into operation on that day—
(a)section 11;
(b)sections 40 to 43;
(c)section 47;
(ca)section 52;
(d)Division 8 of Part 2;
(e)sections 55 and 57;
(f)Division 2 of Part 3;
(g)Part 9 (except sections 325 to 327);
(h)section 360;
(i)Schedule 1 items 8.7, 13.4, 18.1, 40.3, 40.5, 44.3, 47.3, 47.4, 70.1, 82.6.
(3)The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 24 October 2020, they come into operation on that day—
(a)Divisions 3, 4 and 5 of Part 2;
(b)Divisions 1 (except section 89), 2 and 3 of Part 4;
(c)Part 6;
(d)Divisions 1, 2, 3, 4, 5, 7 and 8 of Part 7;
(e)sections 329(7) to (9) and 361;
(f)Schedule 1 items 2, 20.2, 21.2, 23.1, 23.2, 25, 40.7(b), 43.2, 44.2, 56.1(b), 56.1(c), 56.3, 56.4, 56.5, 75.2, 75.3, 75.4, 75.6, 77.1, 77.5, 77.6, 81.2, 82.3, 82.4, 82.5, 109, 113.1.
(4)The remaining provisions of this Act come into operation on 1 July 2021.
3Definitions
(1)In this Act—
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
assessable disclosure has the same meaning as it has in section 3 of the Public Interest Disclosures Act 2012;
Audit and Risk Committee means the Audit and Risk Committee established by a Council under section 53;
auditormeans the Auditor-General;
authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;
bullying by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or a member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff;
candidate means a person who has nominated as a candidate for an election under section 256;
Chief Executive Officer means the person appointed by a Council under section 44 to be its Chief Executive Officer or any person acting in that position;
Chief Executive Officer Employment and Remuneration Policy means a Chief Executive Officer Employment and Remuneration Policy developed by a Council under section 45;
Chief Municipal Inspector means the person appointed under section 182;
close of the roll means 4 p.m. on the day that is—
(a)73 days before an election day occurring after 26 October 2024; or
(b)if the day determined under paragraph (a) is a public holiday, the last working day before that day;
Note
See also subsection (6) in relation to an election on 26 October 2024.
Community Asset Committee
means a Community Asset Committee established by a Council under
section 65;
community engagement policy means a community engagement policy adopted and maintained by a Council under section 55;
community engagement principles means the principles specified in section 56;
Community Vision means a Community Vision maintained by a Council under section 88;
confidential information means the following information—
(a)Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released;
(b)security information, being information that if released is likely to endanger the security of Council property or the safety of any person;
(c)land use planning information, being information that if prematurely released is likely to encourage speculation in land values;
(d)law enforcement information, being information which if released would be reasonably likely to prejudice the investigation into an alleged breach of the law or the fair trial or hearing of any person;
(e)legal privileged information, being information to which legal professional privilege or client legal privilege applies;
(f)personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs;
(g)private commercial information, being information provided by a business, commercial or financial undertaking that—
(i)relates to trade secrets; or
(ii)if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage;
(h)confidential meeting information, being the records of meetings closed to the public under section 66(2)(a);
(i)internal arbitration information, being information specified in section 145;
(j)Councillor Conduct Panel confidential information, being information specified in section 169;
(k)information prescribed by the regulations to be confidential information for the purposes of this definition;
(l)information that was confidential information for the purposes of section 77 of the Local Government Act 1989;
confidentiality notice means a notice issued by the Chief Municipal Inspector under section 193(1);
corporation includes—
(a)any body corporate, whether formed or incorporated within or outside the State of Victoria; and
(b)any incorporated association within the meaning of the Associations Incorporation Reform Act 2012—
but does not include a Council or any other body incorporated or constituted by or under this Act or any public statutory corporation constituted by or under any law of the State of Victoria, any other State, or a Territory of the Commonwealth, or the Commonwealth;
Council means a municipal Council (including the Melbourne City Council and the Greater Geelong City Council) whether constituted before or after the commencement of this section;
Council meeting means a Council meeting that complies with section 61(1);
Council Plan means a Council Plan prepared and adopted by a Council under section 90;
Councillor means a person who holds the office of member of a Council;
* * * * *
Councillor Conduct Officer means the person appointed in writing by the Chief Executive Officer to be the Councillor Conduct Officer for the Council under section 150;
Councillor Conduct Panel means a panel formed by the Principal Councillor Conduct Registrar under section 156;
Councillor induction training means the training specified in section 32;
delegated committee means—
(a)a delegated committee established by a Council under section 63; or
(b)a joint delegated committee established by 2 or more Councils under section 64; or
(c)a committee, other than a Community Asset Committee, exercising any power of a Council under this Act or any other Act delegated to the committee under this Act or any other Act;
deliberative engagement practices means the deliberative engagement practices included in a community engagement policy;
Department means the Department of Government Services;
destroy, in relation to a document provided by the Chief Municipal Inspector to a person by secure electronic means, means—
(a)to permanently delete the electronic communication from all information systems on which the person who was provided with the document from the Chief Municipal Inspector held or stored that document; and
(b)to destroy any hard copy of the document;
disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property, including the following—
(a)the allotment of shares in a company;
(b)the creation of a trust in property;
(c)the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
(d)the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;
(e)the exercise by a person of a general power of appointment of property in favour of any other person;
(f)any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;
domestic partner of a person means—
(a)a person who is in a registered relationship with the person; or
Note
A registered relationship is defined in subsection (2).
(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
donation period means the period—
(a)commencing on whichever is the later of—
(i)30 days after the last general election for the Council; or
(ii)30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate; and
(b)ending 30 days after election day in the current election for the Council;
election day means the day of an election determined under section 257 or 260;
election manager means—
(a)the VEC; or
(b)a person appointed in writing by the VEC;
election period means the period that—
(a)starts at the time that nominations close on nomination day; and
(b)ends at 6 p.m. on election day;
electoral material means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper that is only announcing the holding of a meeting;
Note
See subsections (3) and (4) as to the meaning of electoral matter.
electoral representation advisory panel means a panel established under section 16(1);
ESC has the same meaning as Commission has in the Essential Services Commission Act 2001;
film friendly principles has the same meaning as it has in the Filming Approval Act 2014;
film permit has the same meaning as it has in the Filming Approval Act 2014;
financial management principles means the principles specified in section 101;
gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including—
(a)the provision of a service (other than volunteer labour); and
(b)the payment of an amount in respect of a guarantee; and
(c)the making of a payment or contribution at a fundraising
function;
gift disclosure threshold means—
(a)in the case of a Council, other than the Melbourne City Council, $500 or a higher amount or value prescribed by the regulations;
(b)in the case of the Melbourne City Council, $500 or a higher amount or value prescribed by regulations made under the City of Melbourne Act 2001;
good governance has the meaning given by section 8(2);
Governance Rules means Governance Rules developed by a Council under section 60;
Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
gross misconduct by a Councillor means behaviour that demonstrates that a Councillor—
(a)is not of good character; or
(b)is otherwise not a fit and proper person to hold the office of Councillor, including behaviour that is sexual harassment and that is of an egregious nature;
how-to-vote card means any card, handbill, pamphlet or notice—
(a)which is or includes a representation or partial representation or purported representation or purported partial representation of a ballot-paper for use in an election; or
(b)which lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates;
IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;
IBAC Officer has the meaning given by section 3(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011;
Information Commissioner means the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014;
information system has the same meaning as in the Electronic Transactions (Victoria) Act 2000;
internal arbitration process means the internal arbitration process of a Council under section 141;
law enforcement agency means—
(a)Victoria Police; or
(b)the police force or police service of another State or a Territory; or
(c)the Australian Federal Police; or
(d)the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or
(e)a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or
(f)the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or
(g)the IBAC; or
(h)the sheriff within the meaning of the Sheriff Act 2009; or
(i)the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; or
(j)an agency responsible for the performance of functions or activities directed to—
(i)the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
(ii)the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or
(k)an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or
(l)an agency responsible for the protection of the public revenue under a law administered by it;
Mayoral training means the training specified in section 27A;
member of Council staff means a natural person appointed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) under section 48 to enable—
(a)the functions of the Council under this Act or any other Act to be carried out; and
(b)the Chief Executive Officer to carry out their functions;
Note
The Chief Executive Officer is also a member of Council staff—see section 44(5).
misconduct by a Councillor means any breach by a Councillor of the Model Councillor Code of Conduct;
Model Councillor Code of Conduct means the Code of Conduct prescribed in accordance with section 139;
municipal community includes—
(a)people who live in the municipal district of the Council; and
(b)people and bodies who are ratepayers of the Council; and
(c)traditional owners of land in the municipal district of the Council; and
(d)people and bodies who conduct activities in the municipal district of the Council;
municipal district means the district under the local government of a Council;
Municipal Monitor means a person appointed to be a Municipal Monitor to a Council under section 179;
nomination day means the last day on which nominations to be a candidate at a Council election may be received in accordance with this Act and the regulations;
overarching governance principles means the principles specified in section 9(2);
owner, in relation to any land, means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent;
panel list, in relation to arbiters, means the panel list established by the Secretary under section 142;
panel list, in relation to Councillor Conduct Panels, means the panel list established by the Minister under section 153 for the purposes of forming Councillor Conduct Panels;
Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;
person, in relation to Divisions 1 to 9 of Part 8, means a natural person who has attained the age of 18 years;
police officer has the same meaning as it has in the Victoria Police Act 2013;
Principal Accounting Officer means the person designated by the Chief Executive Officer of a Council as the officer responsible for managing the Council's finances;
Principal Councillor Conduct Registrar means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 148;
principal place of residence has the same meaning as it has in section 3 of the Electoral Act 2002;
professional development training means the training specified in section 33A;
public body means any government department or municipal Council or body established for a public purpose by an Act of the Parliament of Victoria, any other State, or a Territory of the Commonwealth, or the Commonwealth;
public interest complaint has the same meaning as it has in section 3 of the Public Interest Disclosures Act 2012;
public transparency policy means a public transparency policy adopted under section 57;
public transparency principles means the principles specified in section 58;
publish means publish by any means including by publication on the Internet;
rateable property, in relation to Division 1 of Part 8, means an occupancy which—
(a)is required to be separately valued under section 13DC of the Valuation of Land Act1960; and
(b)is rateable land but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—
(i)parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or
(ii)mooring a single vessel within the meaning of section 3(1) of the Marine Safety Act 2010; or
(iii)storage, being a single lockable unit with a floor area not exceeding 25 square metres;
restricted matter means any of the following—
(a)any evidence or information given to, or obtained by, the Chief Municipal Inspector;
(b)the contents of any document produced to, or obtained by, the Chief Municipal Inspector;
(c)the existence of, or any information about, a confidentiality notice or a requirement under section 183(3) to appear before the Chief Municipal Inspector for examination;
(d)the subject matter of an investigation by the Chief Municipal Inspector;
(e)any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Chief Municipal Inspector, to be identified or located;
(f)the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Chief Municipal Inspector;
(g)the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;
(h)the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;
(i)the fact that the Chief Municipal Inspector intends to conduct an investigation on a public interest disclosure;
restructuring advisory panel means a panel established by the Minister under section 239(1);
Secretary means Secretary to the Department;
serious misconduct by a Councillor means any of the following—
(a)the failure by a Councillor to comply with the Council's internal arbitration process;
(b)the failure by a Councillor to comply with a direction given to the Councillor by an arbiter under section 147;
(c)the failure of a Councillor to attend a Councillor Conduct Panel hearing in respect of that Councillor;
(d)the failure of a Councillor to comply with a direction of a Councillor Conduct Panel;
(e)continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by an arbiter or by a Councillor Conduct Panel under section 167(1)(b);
(f)bullying by a Councillor of another Councillor or a member of Council staff;
(g)conduct by a Councillor that is conduct of the type that is sexual harassment of a Councillor or a member of Council staff;
(h)the disclosure by a Councillor of information the Councillor knows, or should reasonably know, is confidential information;
(i)conduct by a Councillor that contravenes the requirement that a Councillor must not direct, or seek to direct, a member of Council staff;
(j)the failure by a Councillor to disclose a conflict of interest and to exclude themselves from the decision making process when required to do so in accordance with this Act;
service performance principles means the principles specified in section 106(2);
sexual harassment has the meaning given by section 92 of the Equal Opportunity Act 2010;
spouse of a person means a person to whom the person is married;
* * * * *
strategic planning principles means the principles specified in section 89(2);
supporting principles means the principles specified in section 9(3)
traditional owners means—
(a)the members of a registered Aboriginal party under the Aboriginal Heritage Act 2006; and
(b)the members of a traditional owner group within the meaning of section 3 of the Traditional Owner Settlement Act 2010;
unenrolled voter means a person who is entitled to be enrolled on a voters' roll but is not so enrolled;
VEC means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002;
Victorian Inspectorate Officer has the meaning given by section 3(1) of the Victorian Inspectorate Act 2011;
voter means a person who is enrolled on a voters' roll;
voting centre means a place appointed by the election manager for voting at an election as—
(a)an early voting centre; or
(b)a mobile voting centre; or
(c)an election day voting centre;
ward means—
(a)a subdivision of a municipal district; or
(b)if the municipal district is not subdivided, the municipal district;
workforce plan means a workforce plan developed and maintained by the Chief Executive Officer of a Council under section 46(4)(a);
Yarra protection principles has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
Yarra River land has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
Yarra Strategic Plan has the same meaning as it has in the Yarra River Protection (Wilip‑gin Birrarung murron) Act 2017;
Yarra Strategic Plan area has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.
(2)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered relationship has the same meaning as it has in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(3)In this Act, unless otherwise expressly provided, a reference to an election means a reference to the following—
(a)a general election conducted under section 257;
(b)a by-election conducted under section 260;
(c)a countback conducted under section 261.
(4)In this Act, electoral matter means matter which is intended or likely to affect voting in an election, but does not include any electoral material produced by or on behalf of the election manager for the purposes of conducting an election.
(5)Without limiting the generality of the definition of electoral matter, matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—
(a)the election; or
(b)a candidate in the election; or
(c)an issue submitted to, or otherwise before, the voters in connection with the election.
(6)For the purposes of an election held on the election day that is 26 October 2024, close of the roll means 4 p.m. on the day that is—
(a)80 days before 26 October 2024; or
(b)if the day determined under paragraph (a) is a public holiday, the last working day before that day.
4Objectives of Act
The objectives of this Act are to ensure that—
(a)local government continues to be constituted as a democratically elected
tier of Government in Victoria; and
(b)Councils are constituted as representative bodies that are accountable, transparent, collaborative, efficient and engaged with their communities; and
(c)Councils have the functions and powers necessary to enable Councils to perform their role.
5Act is interface legislation and filming approval legislation
(1)This Act is interface legislation within the meaning of the Transport Integration Act 2010.
(2)This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
6Obligations of Council in relation to Yarra River land
(1)A Council that is a responsible public entity within the meaning of the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017—
(a)must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Council when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and
(b)must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Council, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.
(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—
(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
7Obligations of Council in relation to declared areas
(1)When performing a function or duty or exercising a power under this Act in relation to a declared area, a Council that is a responsible public entity for the purposes of Part 3AAB of the Planning and Environment Act 1987—
(a)must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Council; and
(b)must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Council; and
(c)must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.
(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—
(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
7AObligations of Council in relation to Great Ocean Road region
(1)A Council that is a responsible entity within the meaning of the Great Ocean Road and Environs Protection Act 2020, when performing a function or duty or exercising a power under this Act—
(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Council in relation to the Great Ocean Road scenic landscapes area; and
(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and
(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Council in relation to the Great Ocean Road region.
(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.
PART 2—COUNCILS
Division 1—Role and powers of a Council
8Role of a Council
(1)The role of a Council is to provide good governance in its municipal district for the benefit and wellbeing of the municipal community.
(2)A Council provides good governance if—
(a)it performs its role in accordance with section 9;
(b)the Councillors of the Council perform their roles in accordance with section 28.
(3)In performing its role, a Council may—
(a)perform any duties or functions or exercise any powers conferred on a Council by or under this Act or any other Act; and
(b)perform any other functions that the Council determines are necessary to enable the Council to perform its role.
(4)If it is necessary to do so for the purpose of performing its role, a Council may perform a function outside its municipal district.
9Overarching governance principles and supporting principles
(1)A Council must in the performance of its role give effect to the overarching governance principles.
(2)The following are the overarching governance principles—
(a)Council decisions are to be made and actions taken in accordance with the relevant law;
(b)priority is to be given to achieving the best outcomes for the municipal community, including future generations;
(c)the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted;
(d)the municipal community is to be engaged in strategic planning and strategic decision making;
(e)innovation and continuous improvement is to be pursued;
(f)collaboration with other Councils and Governments and statutory bodies is to be sought;
(g)the ongoing financial viability of the Council is to be ensured;
(h)regional, state and national plans and policies are to be taken into account in strategic planning and decision making;
(i)the transparency of Council decisions, actions and information is to be ensured.
(3)In giving effect to the overarching governance principles, a Council must take into account the following supporting principles—
(a)the community engagement principles;
(b)the public transparency principles;
(c)the strategic planning principles;
(d)the financial management principles;
(e)the service performance principles.
10General power
(1)Subject to any limitations or restrictions imposed by or under this Act or any other Act, a Council has the power to do all things necessary or convenient to be done in connection with the performance of its role.
(2)The generality of this section is not limited by the conferring of specific powers by or under this Act or any other Act.
11Power of delegation
(1)A Council may by instrument of delegation delegate to—
(a)the members of a delegated committee; or
(b)the Chief Executive Officer—
any power, duty or function of a Council under this Act or any other Act other than a power, duty or function specified in subsection (2).
(2)The following are specified for the purposes of subsection (1)—
(a)the power of delegation;
(b)the power to elect a Mayor or Deputy Mayor;
(c)the power to grant a reasonable request for leave under section 35;
(d)subject to subsection (3), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;
(e)the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;
(f)the power to approve or amend the Council Plan;
(g)the power to adopt or amend any policy that the Council is required to adopt under this Act;
(h)the power to adopt or amend the Governance Rules;
(i)the power to appoint the chair or the members to a delegated committee;
(j)the power to make, amend or revoke a local law;
(k)the power to approve the budget or revised budget;
(l)the power to borrow money;
(m)subject to section 181H(1)(b) of the Local Government Act 1989, the power to declare general rates, municipal charges, service rates and charges and special rates and charges;
(n)any power, duty or function prescribed by the regulations for the purposes of this subsection.
(3)A Council may delegate to the Chief Executive Officer the power to appoint an Acting Chief Executive Officer for a period not exceeding 28 days.
(4)A delegation may be made subject to any conditions or limitations specified in the instrument of delegation.
(5)A delegation that includes the power to enter into a contract or make any expenditure must specify a maximum monetary limit that cannot be exceeded.
(6)A member of a delegated committee to whom a delegation is given under subsection (1)(a) can only exercise the delegation while acting as a member of the delegated committee at a meeting of the delegated committee.
(7)A Council must review, within the period of 12 months after a general election, all delegations which have been made under this section and are still in force.
(8)A Council must keep a public register of delegations made under this section.
(9)Unless sooner revoked, a delegation made by a Council under the Local Government Act 1989 continues in force until 1 September 2020.
Note
See section 47 for the power of delegation of a Chief Executive Officer.
Division 2—Constitution of a Council
12How is a Council constituted?
A Council consists of its Councillors who are democratically elected in accordance with this Act.
13Constitution of a Council
(1)A Council must consist of not fewer than 5 Councillors and not more than 12 Councillors.
(2)The Mayor and Deputy Mayor are Councillors of the Council.
(3)The number of Councillors of a Council for the purposes of subsection (1) is to be determined in accordance with the criteria prescribed by the regulations.
(4)A Council may be constituted so that it consists of—
(a)subject to subsection (5), all Councillors elected to represent the municipal district as a whole; or
(b)all Councillors elected to represent single member wards into which the municipal district is divided; or
(c)subject to subsection (5A), an equal number of Councillors elected to represent each ward into which the municipal district is divided.
(5)A Council must not be constituted in accordance with subsection (4)(a) unless, by notice published in the Government Gazette, the Minister specifies that the Council, or a Council that is a specific type of Council, may be an un-subdivided municipal district.
(5A)A Council must not be constituted in accordance with subsection (4)(c) unless, by notice published in the Government Gazette, the Minister specifies that the Council, or a Council that is a specific type of Council, may be constituted in accordance with subsection (4)(c).
(6)For the avoidance of doubt, a Council constituted before the commencement of this Act is not required to be constituted in accordance with this section unless the electoral structure of the Council is altered in accordance with section 15.
14Council is a body corporate
(1)A Council—
(a)is a body corporate with perpetual succession; and
(b)must have a common seal; and
(c)may sue or be sued in its corporate name; and
(d)is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
(e)is capable of doing and suffering all acts and things which bodies corporate may by law do and suffer and which are necessary or expedient for performing its functions and exercising its powers.
(2)The common seal of a Council must—
(a)bear the name of the Council and any other word, letter, sign or device the Council determines should be included; and
(b)be kept at the Council office; and
(c)be used in accordance with any applicable local law.
(3)All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of a Council on any document and must presume that the document was properly sealed until the contrary is proved.
15Electoral structure of a Council
(1)The Governor in Council may, on the recommendation of the Minister, make an Order in Council to do any one or more of the following in relation to the electoral structure of a Council—
(a)specify or alter the total number of Councillors to be elected for the Council;
(b)specify—
(i)that the municipal district of the Council is to be subdivided into a specified number of wards;
(ii)that each of those wards is to consist of a single Councillor;
(iii)the boundaries of wards of the municipal district of the Council;
(iv)the name of, or alter the name of, a ward of the municipal district of the Council;
(c)if a notice has been published in accordance with section 13(5) in respect of a specific Council or a specific type of Council, specify that the electoral structure of the municipal district of a Council to which the notice applies is to be an un-subdivided municipal district; or
(d)if a notice has been published in accordance with section 13(5A), specifying—
(i)the specific Council or the specific type of Council to be constituted in accordance with section 13(4)(c); and
(ii)the number of wards; and
(iii)the number of Councillors that are to represent each ward.
(2)Before recommending the making of an Order in Council under this section that provides for the subdivision of a municipal district into wards or the specification of the boundaries of wards of a municipal district, the Minister must seek to ensure that—
(a)each ward has approximately an equal number of voters per Councillor; and
(b)the number of voters per Councillor in a ward does not vary from the average number of voters per Councillor for all of the wards by more than 10 per cent.
(3)An Order in Council made under this section—
(a)must specify a day or days upon which the Order in Council comes into operation; and
(b)may provide that the electoral structure of the Council has effect for the purposes of, and from, the next general election of the Council; and
(c)may provide that the electoral structure of the Council specified in the Order in Council is described in a map lodged in the Central Plan Office or with the VEC as specified in the Order in Council; and
(d)upon being published in the Government Gazette has the like force and effect as if it were expressly enacted in this Act; and
(e)may be amended or revoked by another Order in Council; and
(f)has full force and effect despite any non‑compliance with any of the matters required by this Act as preliminary to the making of the Order in Council.
16Electoral structure review
(1)Subject to subsection (2), the Minister may, before recommending the making of an Order in Council under section 15, establish an electoral representation advisory panel to conduct a review and advise the Minister in relation to the electoral structure of a Council.
(2)Subject to subsections (13) and (14), the Minister must, before recommending the making of an Order in Council under section 15 in relation to a matter specified in section 15(1)(b), (c) or (d) establish an electoral representation advisory panel to conduct a review and advise the Minister in relation to the electoral structure of a Council.
(3)If the Minister has established an electoral representation advisory panel, the Minister must consider the advice of the electoral representation advisory panel before recommending the making of an Order in Council under section 15.
(3A)Subject to this section, the Minister may by instrument appoint any person, on the terms and conditions specified in the instrument, to be a member of an electoral representation advisory panel.
(4)An electoral representation advisory panel must include the Electoral Commissioner appointed under section 12 of the Electoral Act 2002 or a person nominated to the Minister by the Electoral Commissioner to represent the Electoral Commissioner on the electoral representation advisory panel.
(5)The VEC must provide administrative and technical support to an electoral representation advisory panel.
(6)An electoral representation advisory panel must not include any of the following persons—
(a)a person who is a Councillor of the Council in respect of which the electoral representation advisory panel is to be established;
(b)a person who is qualified to be a candidate for election as a Councillor of the Council in respect of which the electoral representation advisory panel is to be established;
(c)a person who is not qualified to be a Councillor;
(d)a person who is a member of staff of the Council in respect of which the electoral representation advisory panel is to be established;
(e)a person who is a member of a registered political party;
(f)a person who has been a member of a registered political party at any time during the period of 5 years immediately before the electoral representation advisory panel is to be established.
(7)The Minister may request the electoral representation advisory panel to provide advice to the Minister with respect to any or all of the following—
(a)the total number of Councillors to be elected for the Council;
(b)what the boundaries of any ward or wards of the municipal district of the Council should be;
(c)subject to the Minister first publishing a notice under section 13(5) in relation to a Council, or a specific type of Council, whether the municipal district of the Council should be un-subdivided;
(ca)subject to the Minister first publishing a notice under section 13(5A) in relation to a Council, or a specific type of Council, whether the municipal district of the Council should be constituted in accordance with section 13(4)(c);
(d)any other matter relating to the electoral structure of the Council that the Minister requires advice on.
(8)An electoral structure recommended by an electoral representation advisory panel must—
(a)provide fair and equitable representation; and
(b)facilitate good governance; and
(c)comply with section 15(2); and
(d)comply with any criteria prescribed by the regulations for the purposes of this section.
(9)An electoral representation advisory panel—
(a)may conduct the review in any manner that the electoral representation advisory panel considers appropriate; and
(b)must have regard to any matter prescribed by the regulations.
(10)An electoral representation advisory panel must ensure that a process for community engagement is followed in conducting the review.
(11)The Minister or a person engaged by the Minister to support a review by an electoral representation advisory panel may send to the Council in respect of which the review is being conducted an account of the reasonable expenses incurred as a consequence of the review.
(12)The Council must pay the account received under subsection (11).
(13)Section 16(2) does not apply if a ward boundary review is being conducted under section 17.
(14)Section 16(2) does not apply in respect of the making of any Order in Council under section 15 before the first general election to be conducted under section 257(1)(a).
17Ward boundary review
(1)This section applies if the Minister receives advice from the VEC that the number of voters per Councillor in one or more wards of the municipal district of the Council will vary from the average number of voters per Councillor for all of the wards by more than 10 per cent by the time that the next general election is to be held.
(2)If this section applies, the Minister may request the VEC to—
(a)conduct a review of the boundaries of the wards of the municipal district of the Council specified in the request; and
(b)provide a report to the Minister containing recommendations in respect of any changes required to the boundaries of the wards of the municipal district of the Council specified in the request.
(3)Subject to this section, the VEC may conduct the review in any manner that the VEC considers appropriate.
(4)In conducting the review, the VEC must ensure that a process of community engagement is followed.
(5)The VEC may send to the Council in respect of which the review is being conducted an account of the reasonable expenses incurred as a consequence of the review.
(6)The Council must pay the account received under subsection (5).
(7)The Minister may recommend to the Governor in Council that an Order in Council be made under section 15 to implement the recommendations made in the report under subsection (2).
(8)Despite the repeal of section 5B(2) of the Local Government Act 1989, that section continues to apply in respect of the making of any Order in Council to which subsection (7) applies before the first general election to be conducted under section 257(1)(a).
Division 3—The Mayor and the Deputy Mayor
18Role of the Mayor
(1)The role of the Mayor is to—
(a)chair Council meetings; and
(b)be the principal spokesperson for the Council; and
(c)lead engagement with the municipal community on the development of the Council Plan; and
(d)report to the municipal community, at least once each year, on the implementation of the Council Plan; and
(e)promote behaviour among Councillors that is consistent with the Model Councillor Code of Conduct; and
(f)assist Councillors to understand their role; and
(g)take a leadership role in ensuring the regular review of the performance of the Chief Executive Officer; and
(h)provide advice to the Chief Executive Officer when the Chief Executive Officer is setting the agenda for Council meetings; and
(i)perform civic and ceremonial duties on behalf of the Council.
(2)The Mayor is not eligible to be elected to the office of Deputy Mayor.
(3)To avoid doubt, reasonable steps taken by a Mayor carried out in a reasonable manner to perform their role in accordance with subsection (1)(e) or (f) is not bullying.
19Specific powers of the Mayor
(1)The Mayor has the following specific powers—
(a)to appoint a Councillor to be the chair of a delegated committee;
(b)to direct a Councillor, subject to any procedures or limitations specified in the Governance Rules, to leave a Council meeting if the behaviour of the Councillor is preventing the Council from conducting its business;
(c)to require the Chief Executive Officer to report to the Council on the implementation of a Council decision.
(2)An appointment under subsection (1)(a) prevails over any appointment of a chair of a delegated committee by the Council.
20When does the office of Mayor become vacant?
The office of Mayor of a Mayor elected by the Councillors becomes vacant—
(a)at the time and on the day of the election of the next Mayor; or
(b)on the day the Mayor resigns from the office of Mayor by giving the Chief Executive Officer a written notice of resignation; or
(c)on the day the Mayor ceases to hold the office of Councillor; or
(d)on the day the Mayor's office as a Councillor is suspended for any period; or
(e)on the day the Mayor becomes ineligible to hold the office of Mayor as a result of a decision by an arbiter or a Councillor Conduct Panel; or
(f)on the day the office of Mayor is declared vacant by the Council in accordance with section 23.
20AOffice of Deputy Mayor
(1)A Council may establish an office of Deputy Mayor.
(2)If the Council has established an office of Deputy Mayor, the provisions of this Act relating to the office of Deputy Mayor apply.
(3)If a Council has not established an office of Deputy Mayor, section 20B applies.
20BActing Mayor
(1)A Council may appoint a Councillor to be the Acting Mayor when—
(a)the Mayor is unable for any reason to attend a Council meeting or part of a Council meeting; or
(b)the Mayor is incapable of performing the duties of the office of Mayor for any reason, including illness; or
(c)the office of Mayor is vacant.
(2)An appointment under subsection (1) must be for a period specified by the Council.
(3)If—
(a)an appointment has not been made under subsection (1) or has expired; and
(b)any of the circumstances specified in subsection (1)(a), (b) or (c) apply—
the Council must appoint a Councillor to be the Acting Mayor for a period specified by the Council.
(4)An Acting Mayor—
(a)must perform the role of the Mayor; and
(b)may exercise any of the powers of the Mayor—
until the circumstances specified in subsection (1) no longer apply or the period of the appointment expires, whichever first occurs.
(5)If an Acting Mayor has been appointed, unless inconsistent with the context or subject matter, a reference in this Act (except in sections 20 and 23, Division 4 of this Part and sections 61(6) and 236(4)) to the Mayor includes a reference to the Acting Mayor.
21Role and powers of the Deputy Mayor
The Deputy Mayor must perform the role of the Mayor and may exercise any of the powers of the Mayor if—
(a)the Mayor is unable for any reason to attend a Council meeting or part of a Council meeting; or
(b)the Mayor is incapable of performing the duties of the office of Mayor for any reason, including illness; or
(c)the office of Mayor is vacant.
22When does the office of Deputy Mayor become vacant?
The office of Deputy Mayor of a Deputy Mayor elected by the Councillors becomes vacant—
(a)at the time and on the day of the election of the next Deputy Mayor; or
(b)on the day the Deputy Mayor is elected to the office of Mayor; or
(c)on the day the Deputy Mayor resigns from the office of Deputy Mayor by giving the Chief Executive Officer a written notice of resignation; or
(d)on the day the Deputy Mayor ceases to hold the office of Councillor; or
(e)on the day the Deputy Mayor's office as a Councillor is suspended for any period; or
(f)on the day the Deputy Mayor becomes ineligible to hold the office of Deputy Mayor as a result of a decision by an arbiter or a Councillor Conduct Panel; or
(g)on the day the office of Deputy Mayor is declared vacant by the Council in accordance with section 23.
23Declaration of office of Mayor or Deputy Mayor to be vacant
(1)This section only applies to a Mayor or Deputy Mayor elected for a 2 year term.
(2)A Council may only declare the office of Mayor or Deputy Mayor vacant in accordance with this section.
(3)A notice of motion to declare the office of Mayor or Deputy Mayor vacant must be—
(a)signed by an absolute majority of the Councillors; and
(b)lodged with the Chief Executive Officer at least 14 days before the day on which the meeting to consider the motion is proposed; and
(c)provided to each Councillor by the Chief Executive Officer without delay.
(4)The office of Mayor or Deputy Mayor can only be declared vacant if the motion to declare the office of Mayor or Deputy Mayor vacant is passed by a majority of at least three-quarters of all of the Councillors in office.
(5)For the purposes of subsection (3)(a), absolute majority means the number of Councillors which is greater than half the total number of the Councillors of a Council.
24Local Government Mayoral Advisory Panel
(1)The Minister may establish and maintain an advisory panel to be called the Local Government Mayoral Advisory Panel.
(2)The role of the Local Government Mayoral Advisory Panel is to provide advice to the Minister on matters relating to local government in Victoria referred by the Minister.
(3)The members of the Local Government Mayoral Advisory Panel—
(a)must be appointed by the Minister; and
(b)must include at least 5 Mayors.
(4)The terms of reference of the Local Government Mayoral Advisory Panel are to be determined by the Minister.
(5)Meetings of the Local Government Mayoral Advisory Panel are to be chaired by the Minister.
Division 4—Election of Mayor and Deputy Mayor
25Election of Mayor
(1)At a Council meeting that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council.
(2)Subject to sections 147 and 167, any Councillor is eligible for election or re‑election to the office of Mayor.
(3)The election of the Mayor must—
(a)be chaired by the Chief Executive Officer; and
(b)subject to this section, be conducted in accordance with the Governance Rules.
(4)Subject to subsections (5) and (6), the Mayor must be elected by an absolute majority of the Councillors.
(5)If an absolute majority of the Councillors cannot be obtained at the meeting, the Council may resolve to conduct a new election at a later specified time and date.
(6)If only one Councillor is a candidate for Mayor, the meeting must declare that Councillor to be duly elected as Mayor.
(7)In this section, absolute majority means the number of Councillors which is greater than half the total number of the Councillors of a Council.
26When is a Mayor to be elected?
(1)A Mayor is to be elected no later than one month after the date of a general election.
(2)The Mayor of the Greater Geelong City Council must be elected for a 2 year term.
(3)Before the election of the Mayor, a Council, other than the Greater Geelong City Council, must determine by resolution whether the Mayor is to be elected for a 1 year or a 2 year term.
(4)If the Mayor is elected for a 1 year term, the next election of the Mayor must be held on a day to be determined by the Council that is as close to the end of the 1 year term as is reasonably practicable.
(5)If the Mayor is to be elected for a 2 year term, the next election of the Mayor must be held on a day to be determined by the Council that is as close to the end of the 2 year term as is reasonably practicable.
(6)A Mayor is to be elected within one month after any vacancy in the office of Mayor occurs.
(7)The election of a Mayor after the period specified in this section does not invalidate the election.
(8)A Councillor elected to fill a vacancy in the office of Mayor caused other than by the expiration of a one year or a 2 year term serves the remaining period of the previous Mayor's term.
27Election of Deputy Mayor
(1)Section 25, other than subsection (3)(a), applies to the election of a Deputy Mayor by the Councillors as if any reference in that section to the Mayor was a reference to the Deputy Mayor.
(2)Section 26 applies to the election of a Deputy Mayor as if any reference in that section to the Mayor was a reference to the Deputy Mayor.
Division 4A—Mayoral training
27AMayoral training
(1)A Mayor and any Deputy Mayor or Acting Mayor must complete Mayoral training—
(a)in the case of the Mayor or a Deputy Mayor, within one month after their election as Mayor or Deputy Mayor; or
(b)in the case of an Acting Mayor, within one month of their appointment.
(2)Subsection (1) applies whether or not the Mayor, Deputy Mayor or Acting Mayor has been re-elected or ever held the office before.
(3)Despite subsection (1), an Acting Mayor is not required to complete Mayoral training if—
(n)the correctness of the markings on a voters' roll used in an election or a copy or extract certified by the election manager of that voters' roll indicating the names of voters who did not vote at the election.
(2)A certificate certifying any matter relating to the contents of any document kept by a Council and purporting to be signed by the Chief Executive Officer is admissible in any proceedings as evidence of the matters appearing in the certificate.
(3)All courts, judges and people acting judicially must take judicial notice of such a signature and must presume that the certificate was properly signed until the contrary is proved.
325Regulations
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)A power conferred by this Act to make regulations may be exercised—
(a)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b)so as to make, as respects the cases in relation to which the power is exercised—
(i)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii)any such provision either unconditionally or subject to any specified condition.
(3)Regulations made under this Act may be made—
(a)so as to apply—
(i)at all times or at a specified time; or
(ii)throughout the whole of the State or in a specified part of the State; or
(iii)as specified in both subparagraphs (i) and (ii); and
(b)so as to require a matter affected by the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; and
(c)so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii)as formulated, issued, prescribed or published from time to time; and
(d)so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, Council or public authority or any officer thereof; and
(e)so as to confer powers or impose duties in connection with the regulations on any government department, Council or public authority or any officer thereof; and
(f)so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time; and
(g)so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and
(h)so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
(4)If under subsection (3)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Minister causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken to have not been so amended.
(5)A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—
(a)specific fees;
(b)maximum or minimum fees;
(c)maximum and minimum fees;
(d)scales of fees according to the value of goods or services provided for the fees;
(e)the payment of fees either generally or under specified conditions or in specified circumstances;
(f)the reduction, waiver or refund, in whole or in part, of the fees.
(6)If under subsection (5)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—
(a)in respect of certain matters or transactions or classes of matters or transactions; or
(b)in respect of certain documents or classes of documents; or
(c)when an event happens; or
(d)in respect of certain persons or classes of persons; or
(e)in respect of any combination of matters, transactions, documents, events or persons—
and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.
(7)A fee that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.
(8)Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.
(9)Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23(2) of the Subordinate Legislation Act 1994 which disallowance is deemed disallowance by Parliament for the purposes of that Act.
326Regulations relating to electoral matters
Without limiting the generality of section 325, the regulations may prescribe any matter relating to or in respect of the following—
(a)voter entitlement and the compilation of voters' rolls;
(b)specifying public notification requirements by the VEC in relation to the amendment of the voters' roll;
(c)the process for nomination of candidates for an election including the fixing and payment of any fees by candidates and in relation to the form and manner of any training candidates are required to undertake before nominating;
(d)the nomination day;
(e)the appointment of election officials and the making of declarations by election officials;
(f)candidate information to be provided to voters by the VEC;
(g)the approval and registration of how-to-vote cards at attendance elections;
(h)providing for a right of review by VCAT in relation to specified decisions relating to the approval and registration of how-to-vote cards;
(i)the content of ballot-papers, including the determination of the order of candidates' names on the ballot-paper;
(j)the appointment and role of scrutineers;
(k)changes to the voting system;
(l)the conduct of attendance elections, including early voting at voting centres and mobile voting centres;
(m)the conduct of postal voting;
(n)provision for unenrolled voters to lodge a vote at an election;
(o)the close of voting and the receipt of postal votes after election day;
(p)the counting of votes, including the use of electronic counting equipment and systems;
(q)the declaration of candidates elected at an election;
(r)the enforcement of compulsory voting and exemptions from compulsory voting.
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PART 10—SAVINGS AND TRANSITIONAL
328General savings
(1)Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the Local Government Act 1989 or existing or continuing under the Local Government Act 1989 immediately before the relevant provision of that Act is repealed by this Act continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if the relevant provision had not been repealed by this Act.
(2)Without limiting the generality of subsection (1), any decision, action, proceeding or matter made, taken or commenced under a relevant provision of the Local Government Act 1989 repealed by this Act may be implemented or continued under the Local Government Act 1989 as if the relevant provision had not been repealed by this Act.
(3)On and after the commencement of Part 1, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Local Government Act 1989 is to be construed as a reference to the Local Government Act 2020 unless the contrary intention appears.
(4)Without limiting the generality of subsection (1) or section 329, a Council constituted in accordance with the Local Government Act 1989, the City of Greater Geelong Act 1993 or the City of Melbourne Act 2001, continues to be a validly constituted Council notwithstanding that it is not constituted in accordance with Division 2 of Part 2 of this Act, until the Council is reconstituted in accordance with Part 2 of this Act.
(5)Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
329Specific 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.
(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.
(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.
(9)If a Municipal Monitor appointed under section 223CA of the Local Government Act1989 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.
330Specific provisions apply to existing regional libraries
(1)This section applies to a regional library that exists under section 196 of the Local Government Act 1989 (an existing regional library) immediately before the repeal of sections 196 to 197G of the Local Government Act 1989.
(2)Subject to this section, sections 196 to 197G of the Local Government Act 1989 and any sections of the Local Government Act 1989 incorporated by reference in sections 196 to 197G of the Local Government Act 1989 and the provisions of any other Act that apply to an existing regional library, continue to apply to an existing regional library as if all of those sections had not been repealed.
(2A)Despite subsection (2), section 197E(2)(a) of the Local Government Act 1989 does not apply to an existing regional library on and from the commencement of this subsection as inserted by the Regulatory Legislation Amendment (Reform) Act 2022.
(3)Despite subsection (2)—
(a)no new regional library can be formed; and
(b)no additional Council may become a member of an existing regional library; and
(c)a Council that is a member of an existing regional library may cease to be a member of that existing regional library before it is wound up.
(4)An existing regional library must be wound up in accordance with section 197G of the Local Government Act 1989 before the expiry of the period of 10 years after the commencement of section 110.
(5)If an existing regional library has not been wound up in accordance with subsection (4), the Minister must appoint a liquidator under section 197G of the Local Government Act 1989 to wind up the existing regional library in accordance with that section.
* * * * *
330BTransitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022
(1)Section 145, as substituted by section 20 of the Local Government Legislation Amendment (Rating and Other Matters) Act 2022, does not apply to an application made under section 143, or an internal arbitration process commenced, before the substitution of section 145.
(2)Section 147A does not apply to anything done or omitted to be done by an arbiter before the commencement of that section.
330CTransitional provision—Local Government Amendment (Governance and Integrity) Act 2024—suspension of matters during election period
Section 147AA, as inserted by section 11 of the Local Government Amendment (Governance and Integrity) Act 2024, applies with respect to an application made or an internal arbitration process conducted before the commencement of section 11 of the Local Government Amendment (Governance and Integrity) Act 2024 as if section 147AA were in operation at the time the application was made or the internal arbitration process was conducted.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 November 2019
Legislative Council: 28 November 2019
The long title for the Bill for this Act was "A Bill for an Act to reform the law relating to local government in Victoria, to repeal the City of Greater Geelong Act 1993, to amend the City of Melbourne Act 2001, the Local Government Act 1989, the Victoria Grants Commission Act1976 and the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, and to consequentially amend certain other Acts and for other purposes."
The Local Government Act 2020 was assented to on 24 March 2020 and came into operation as follows:
Sections 1−10, 12−17, 39, 56, 58, 87, 89, 101, 106, 224–229, 234–312,
325–328, 329(1)–(6), 331–359, 363–391, Schedule 1 (Heading and items 1.1, 3, 4, 5, 7, 8.1, 9–12, 13.1, 13.2, 13.3, 14–17, 19, 20.1, 21.1, 21.3, 21.4, 22, 23.3, 24, 26, 27, 28.1, 29, 30.1, 31–38, 39.1(a), 39.2, 40.1, 40.2, 40.7(a), 41, 42, 43.1, 44.1, 45, 45A, 46, 47.1, 47.2, 48–53, 54.1, 55, 56.1(a), 56.2, 59–63, 63A, 64, 65, 67, 68, 69.1, 69.5, 70A, 71, 72, 74, 75.1, 75.5, 76, 77.2, 77.3, 77.4, 77.7, 77.8, 77.9, 78, 79, 80, 81.1, 82.1, 82.2, 83–89, 90.2, 91–100, 102, 104–108, 110–112, 113.2, 113.3, 113.4, 113.5, 114, 115) on 6 April 2020: Special Gazette (No. 150) 24 March 2020 page 1.
Sections 11, 40–43, 47, 52–55, 57, 59−70, 313–324, 360, Schedule 1 (items 8.7, 13.4, 18.1, 40.3, 40.5, 44.3, 47.3, 47.4, 70.1, 82.6) on 1 May 2020: Special Gazette (No. 150) 24 March 2020 page 1.
Sections 18–38 on 24 October 2020: section 2(3)(a); sections 88, 90–100 on 24 October 2020: section 2(3)(b); sections 123–174 on 24 October 2020: section 2(3)(c); sections 175–223, 230–233 on 24 October 2020: section 2(3)(d); sections 329(7)–(9), 361 on 24 October 2020: section 2(3)(e); Schedule 1 (items 2, 20.2, 21.2, 23.1, 23.2, 25, 40.7(b), 43.2, 44.2, 56.1(b), 56.1(c), 56.3, 56.4, 56.5, 75.2, 75.3, 75.4, 75.6, 77.1, 77.5, 77.6, 81.2, 82.3, 82.4, 82.5, 109, 113.1) on 24 October 2020: section 2(3)(f).
Sections 44–46, 48–51, 71–86, 102–105, 107–122, 330, 362, Schedule 1 (items 1.2, 6, 8.2–8.6, 13.5, 13.6, 18.2, 21.5, 28.2, 28.3, 30.2, 39.1(b), 40.4, 40.6, 43.3, 54.2, 57, 58, 66, 69.2–69.4, 70.2, 73, 90.1, 90.3, 90.4, 101, 103) on 1.7.21: section 2(4).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Local Government Act 2020 by Acts and subordinate instruments.
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Gender Equality Act 2020, No. 5/2020 (as amended by No. 9/2020)
Assent Date: 25.2.20 Commencement Date: S. 55 on 1.7.21: s. 2(2) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: Ss 327(5), 391 on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 396 inserted on 25.4.20 by No. 11/2020 s. 56: s. 2 (as amended by Nos 27/2020 s. 35, 11/2021 s. 206, 13/2022 s. 45); s. 330A(4) inserted on 26.4.21 by No. 11/2021 s. 156: s. 2(2) Note: S. 391 repealed Pt 11 (ss 331–391), Sch. 1 on 1.7.22; s. 396 repealed Pt 12 (ss 392–396) on 2.9.22; s. 327(5) provided that s. 327 expired on 1.1.23; s. 330A(4) repealed s. 330A on 26.4.23 Current State: This information relates only to the provision/s amending the Local Government Act 2020
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
Assent Date: 24.4.20 Commencement Date: S. 56 on 25.4.20: s. 2 Current State: This information relates only to the provision/s amending the Local Government Act 2020
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020
Assent Date: 20.10.20 Commencement Date: Ss 34, 35 on 21.10.20: s. 2 Current State: This information relates only to the provision/s amending the Local Government Act 2020
Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021
Assent Date: 23.3.21 Commencement Date: Ss 205, 206 on 24.3.21: s. 2(1); ss 150–156 on 26.4.21: s. 2(2) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021
Assent Date: 19.10.21 Commencement Date: Ss 100, 101 on 1.9.22: s. 2(2) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Suburban Rail Loop Act 2021, No. 43/2021
Assent Date: 19.10.21 Commencement Date: S. 219(Sch. 1 item 7) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 Current State: This information relates only to the provision/s amending the Local Government Act 2020
Sex Work Decriminalisation Act 2022, No. 7/2022
Assent Date: 1.3.22 Commencement Date: S. 33 on 10.5.22: s. 2(2) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022
Assent Date: 29.3.22 Commencement Date: Ss 44, 45 on 30.3.22: s. 2(3); ss 40–43 on 2.9.22: s. 2(5) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022
Assent Date: 9.8.22 Commencement Date: S. 40 on 24.10.20: s. 2(2); ss 19−39, 41 on 10.8.22: s. 2(3) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Local Government (Moira Shire Council) Act 2023, No. 3/2023
Assent Date: 9.3.23 Commencement Date: Ss 11, 12 on 10.3.23: s. 2 Current State: This information relates only to the provision/s amending the Local Government Act 2020
Local Government Amendment (Governance and Integrity) Act 2024, No. 23/2024
Assent Date: 25.6.24 Commencement Date: Ss 4–34 on 26.6.24: s. 2(1); ss 35–65, 67–69, 71 on 26.10.24: s. 2(2) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024
Assent Date: 20.8.24 Commencement Date: Ss 124, 125 on 31.12.24: s. 2(2) Current State: This information relates only to the provision/s amending the Local Government Act 2020
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
Assent Date: 10.9.24 Commencement Date: Ss 67–69 on 11.9.24: s. 2(1) Current State: This information relates only to the provision/s amending the Local Government Act 2020
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3 Explanatory details
No entries at date of publication.
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