Local Government (Amendment) Regulations 1996 (Vic)

Local Government (Amendment) Regulations 1996

S.R. No. 55/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Principal Regulations	2
4.	Amendment to regulation 6	2
5.	Revocation of regulations 62 and 63	2
6.	Substitution of heading	2
"PART 5—UNCLAIMED MONEY"	2
7.	Revocation of regulations 73, 74 and 75	2
8.	Amendment to regulation 85	2
9.	Amendment to regulation 86	3
10.	Amendment to regulation 88A	3
11.	Amendment to regulation 88B	3
12.	Amendment to regulation 91	3
13.	Amendment to regulation 93	3
14.	Amendment to regulation 98	4
15.	Amendment to regulation 101	4
16.	Substitution of Form 27 in Schedule 2	5
FORM 27	5

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NOTES 8

i

STATUTORY RULES 1996

S.R. No. 55/1996

Local Government Act 1989

Local Government (Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 25 June 1996

Responsible Minister:

ROBERT MACLELLAN

Minister for Planning and Local Government

A. WILTSHIRE

Acting Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to amend the Principal Regulations—

(a)	to require regional groups to comply with competitive tendering provisions;
(b)	to provide further for the information a council must enter in its competitive tendering register;
(c)

to make changes consequential to 1989.

2. Authorising provision

These Regulations are made under section 243 of the Local Government Act 1989.

Local Government (Amendment) Regulations 1996

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3. Principal Regulations

In these Regulations the Local Government Regulations 19901 are called the Principal Regulations.

4. Amendment to regulation 6

In regulation 6 of the Principal Regulations—

(a)	in the definition of "Principal Accounting Officer", for "municipality" substitute "Council";
(b)	the definition of "senior officer" is revoked;

(c) sub-regulation (2) is revoked.

5. Revocation of regulations 62 and 63

Regulations 62 and 63 of the Principal

Regulations are revoked.

6. Substitution of heading

For the Heading to Part 5 of the Principal

Regulations substitute—

"PART 5—UNCLAIMED MONEY"

7. Revocation of regulations 73, 74 and 75

Regulations 73, 74 and 75 of the Principal

Regulations are revoked.

8. Amendment to regulation 85

In regulation 85 of the Principal Regulations—

(a) for "30 September" (wherever occurring)

substitute "30 June";

(b) after "and in accordance with statements of" insert "mandatory".

Local Government (Amendment) Regulations 1996

S.R. No. 55/1996 r. 9

9. Amendment to regulation 86

In regulation 86 of the Principal Regulations for

"section 129A(1)(a)" substitute "Part 6".

10. Amendment to regulation 88A

After regulation 88A(1)(d) of the Principal
Regulations insert—

"(e) the number and total value of competitive

arrangements awarded to other persons
where, prior to the conduct of the
competitive process, the goods or services
were supplied to, or the works were
undertaken for, a Council by the staff of the

Council.".

11. Amendment to regulation 88B

In regulation 88B of the Principal Regulations for

"129A(1)(c)" substitute "127B".

12. Amendment to regulation 91

In regulation 91 of the Principal Regulations, for "30 September" (wherever occurring) substitute "30 June".

13. Amendment to regulation 93

In regulation 93 of the Principal Regulations—

(a)	in paragraph (c), after "raised" insert "by rates";
(b)	in paragraph (p), after "raised" insert "by rates and municipal charges";
(c)	after paragraph (p), insert— "(pa) the estimated total amount to be raised

by rates and charges;";

(d) in paragraph (r), after "raised" insert "by rates and charges".

Local Government (Amendment) Regulations 1996

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14. Amendment to regulation 98

In regulation 98 of the Principal Regulations—

(a) in paragraph (a)—

(i) for "deputy" substitute "Lord";

(ii) after "74" insert "or 74A";

(b)	in paragraph (b), for "senior officers' current" substitute "all current and former senior officers' ";
(c)	in paragraph (f), after "special meetings" insert "held in the previous 12 months";
(d)	in paragraph (i), after "section 86 of the Act" insert "and held in the previous 12 months";
(e)	in paragraph (n), for "regional corporations" substitute "regional libraries";

(f) paragraph (o) is revoked.

15. Amendment to regulation 101

In regulation 101 of the Principal Regulations—

(a) each competitive arrangement" insert

in sub-regulation (2), after "in respect of (d) of the Act";

(b) after sub-regulation (2)(i) insert— "(ia) if the competitive arrangement is a

contract, whether the goods or services
supplied to the Council or the works
undertaken for the Council under the
contract were previously supplied or
undertaken by the staff of the

Council;";

(c) after sub-regulation (2) insert—

Local Government (Amendment) Regulations 1996

S.R. No. 55/1996 r. 16

"(2A) A Council must enter into the register the following information in respect of each competitive arrangement

described in section 208B(1)(c) of the into the competitive arrangement—

(a)	the information required in sub-regulations 2(a) and (I);
(b)	such of the information required in sub-regulations (2)(b), (c), (e), (j) and (k) as has been made
available to the Council by the person who conducted the competitive process.".

16. Substitution of Form 27 in Schedule 2

In Schedule 2 of the Principal Regulations, for

Form 27 substitute—

"FORM 27

REGISTER OF INTERESTS

Local Government Act 1989, section 81(5)

Local Government Regulations, regulation 65

Ordinary Return

Notes-Please Read:

1.     Interests which you are required to register are prescribed in

section 81 of the Local Government Act 1989.

2.     If there is not sufficient space on this form for all of the information you are required to register, you may attach additional pages for that purpose. Each page is to be signed, dated and witnessed in the same manner as this return.

Local Government (Amendment) Regulations 1996

r. 16 S.R. No. 55/1996

3.     Please complete this form by typewriter or block capitals.

(Surname) (Given or other names)

Council:

Ward: (if applicable)

Details of Registrable Interests:

1.     The name of any company or other body corporate or unincorporate in which you held an office as a director or otherwise.

2.     The name or description of any company, partnership, association or other body in which you hold a beneficial interest exceeding $2000 in value.

3.     The address or description of any land in the municipal district of the Council or in a municipal district which adjoins that municipal district in which you hold any beneficial interest (other than by way of security for any debt).

4.     A concise description of any trust in which you hold a beneficial interest or of which you are trustee and in which a member of your family* holds a beneficial interest.

5.     Any gift of or above the amount or value of $2000 received by you from a person other than a relative by blood or marriage during the return period.**

6.     Any other substantial interest (whether of a pecuniary nature or not) held by you or a member of your family of which you are aware and which you consider might appear to raise a material conflict between your private interest and your public duty as a councillor, member of a special committee or nominated officer (as the case may be).

Signature of person making return:

Signature of witness:  Date:

*A reference to a member of the family of a person making a return is a

reference to—

(a) a spouse of the person; or

(b) any child of that person under the age of 18 years who normally resides with that person.

Local Government (Amendment) Regulations 1996

S.R. No. 55/1996 r. 16

**"return period" in relation to the ordinary return of a councillor,

member of a special committee or nominated officer means—

(a)	in the case of a councillor, member of a special committee or nominated officer whose last return was a primary return, the period between the date of that primary return and 30 June next following; and
(b)	in the case of a councillor, member of a special committee or nominated officer whose last return was an ordinary return, the period between the date of that ordinary return and 30 June next following.".

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Local Government (Amendment) Regulations 1996

S.R. No. 55/1996

NOTES

1 S.R. No. 64/1990. Reprinted to S.R. No. 213/1993 and subsequently

amended by S.R. Nos 47/1994, 48/1994, 143/1994, 15/1995 and
164/1995.