Untitled document

Local Government (Miscellaneous Amendment) Act

1997

Act No. 76/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Change of coastal boundaries of municipal districts	2
4.	Consequential changes relating to the electoral structure of
Councils	2
5.	First 2 non-resident owners/occupiers to be automatically
enrolled	3
6.	Substitution of section 15	5

15.      Procedure if there are more than 2 non-resident

owners/occupiers 6

7.	Updating of company secretary description	6
8.	Insertion of section 21A	6
21A. Order in Council dates	6
9.	Consequential amendments	7
10.	Clarification concerning issuing of infringement notices	8
11.	Insertion of section 40B	8
40B. Compulsory voting—Councils re-constituted under section

220Q(na) 8

12.	Voting at polls may be by postal voting only	9
13.	Housekeeping amendments concerning polls	10
14.	Changes concerning mayoral and councillor allowances	10
15.	Changes concerning the preparation of financial statements	11
16.	Councils not to be able to charge 5 year rates backpayment on
change of status of land	11
17.	Minor changes concerning appeals against rates and charges	11
18.	Changes concerning the preparation of competitive tendering
statements	12
19.	Changes concerning reviews of electoral representation	12
20.	Power to change electoral structure of Councils	13
21.	Repeal of the Public Authorities Marks Act 1958	14
22.	Changes concerning the preparation of performance statements	14

i

Section Page

23.	Repeal of section 213 of the Building Act 1993	14
24.	Statute law revision	15

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NOTES 16

ii

Victoria

No. 76 of 1997

Local Government (Miscellaneous

Amendment) Act 1997†

[Assented to 25 November 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purposes of this Act are—

(a) to amend the Local Government Act 1989—

(i)  to modify the provisions concerning mayoral and councillor allowances; and

(ii)  to modify provisions concerning the conduct of polls and other electoral matters; and

Local Government (Miscellaneous Amendment) Act 1997

Act No. 76/1997 s. 2

(iii) Councillors elected for wards and

to allow a Council to consist of municipal district as a whole; and

(iv)  to generally improve the operation of that Act; and

(b)	to repeal the Public Authorities Marks Act 1958; and
(c)	to repeal an outdated provision of the Building Act 1993.

2. Commencement

(1) This Act (other than sections 5(1), 6, 15 and 18)

comes into operation on the day on which it
receives the Royal Assent.

(2) Sections 5(1), 6, 15 and 18 come into operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 July 1998, it
comes into operation on that day.

3. Change of coastal boundaries of municipal districts In section 3(3A) of the Local Government Act 1989, for "high water" substitute "low water".

4.  Consequential changes relating to the electoral structure of Councils

(1) After section 10(4) of the Local Government Act 1989 insert— "(5) Sub-sections (2) and (3) do not apply to any

Council that has been re-constituted by an Order made under section 220Q(na) while that Order remains in force.

(6) The Councillors of a Council referred to in

sub-section (5) who are to be elected to
represent the municipal district of the

Local Government (Miscellaneous Amendment) Act 1997

s. 5 Act No. 76/1997

Council as a whole must be elected in accordance with Part 4 of Schedule 3, unless the Order made under section 220Q(na) specifies that they are to be elected under Part 4A of Schedule 3.".

(2) In Part 4A of Schedule 3 of the Local

Government Act 1989, in the heading, after "CITY COUNCIL" insert "AND OTHER SPECIFIED COUNCILS".

(3) In Part 4A of Schedule 3 of the Local

Government Act 1989, at the end of clause 11A
insert—
"(2) This Part also applies if an Order made under

section 220Q(na) re-constituting a Council specifies that it is to apply to the election of Councillors to represent the municipal

district of the Council as a whole.".

5.  First 2 non-resident owners/occupiers to be automatically enrolled

(1) In the Local Government Act 1989—

(a)	in section 11(3), for "1 joint owner is" substitute "2 joint owners are";
(b)	in section 11(5), for "1 joint occupier is" (wherever occurring) substitute "2 joint occupiers are".

(2) For section 13(1) of the Local Government Act

1989 substitute—
"(1) If on the entitlement date—

(a)	a corporation is the sole owner or the sole occupier of any rateable land in a ward; or
(b)	a corporation is the joint owner or the joint occupier of any rateable land in a ward, but none of the other joint owners

Local Government (Miscellaneous Amendment) Act 1997

s. 5
s. 5

Act No. 76/1997

or occupiers (as the case may be) is a

corporation—

the corporation may appoint a person to
represent it at Council elections to vote on its

behalf.".

(3) For sections 13(2) and (3) of the Local

Government Act 1989 substitute—
"(2) A corporation may only be represented by

one person under this section at a Council election in respect of a ward, regardless of anything to the contrary in sub-sections (1) and (3).

(3) If, on the entitlement date, any rateable land

in a ward is jointly owned or jointly
occupied by 2 or more corporations, those
corporations may appoint a person to
represent them at Council elections to vote
on their behalf.

(4) Sub-section (3) applies even if one or more

of the joint owners or joint occupiers is a
person.

(5) A corporation that is entitled to be

represented under sub-section (1) in respect
of a ward is not entitled to be represented

under sub-section (3) in respect of that ward.

(6) A corporation that is already represented

under sub-section (3) in respect of a ward is not entitled to participate in the appointment of another representative under sub-section
(3) in respect of that ward.".

(4) For section 13A(2)(a) of the Local Government

Act 1989 substitute—
'(a) for sections 13(1) and (2) there were

substituted—

Local Government (Miscellaneous Amendment) Act 1997

s. 6 Act No. 76/1997

"(1) If on the entitlement date—

(a)	a corporation is the owner or occupier of any rateable land in a ward; or
(b)	of any rateable land in a ward consist of corporations or a combination of people and

the joint owners or joint occupiers and 1 corporation)—

the corporation or the joint owners or
joint occupiers may appoint 2 people to

represent it or them.

(2) A corporation may only exercise the

right of entitlement conferred by sub- section (1) once in respect of a ward, regardless of how many parcels of
rateable land it owns or occupies or
jointly owns or occupies in that
ward.";'.

(5) For section 13A(2)(b) of the Local Government

Act 1989 substitute—
"(b) sections 13(3)—(6) were repealed;".

(6) For section 14(2) of the Local Government Act

1989 substitute—
"(2) Despite anything to the contrary in this Part,

a person is only entitled to vote once at any
election in respect of a ward, regardless of
how many different entitlements the person

may have to vote in respect of that ward.".

6. Substitution of section 15

For section 15 of the Local Government Act
1989 substitute—

Local Government (Miscellaneous Amendment) Act 1997
Act No. 76/1997

"15. Procedure if there are more than 2 non- resident owners/occupiers

For the purposes of section 11(2) or (4), if it appears from the rate records of the Council that there are more than 2 owners or more

than 2 occupiers of any rateable land, the
Chief Executive Officer must enrol without
application the 2 owners or the 2 occupiers

(as the case may be)—

(a)	whose names appear first on the rate records in relation to that land when those names are read in the order in which they appear in those records; and
(b)	who are eligible to be enrolled under that section in respect of that land.".

7. Updating of company secretary description

In section 18A(2) of the Local Government Act

1989—

(a) for paragraph (a) substitute— "(a) a company secretary of the corporation

(to be taken in alphabetical order);";

(b) paragraph (c) is repealed.

8. Insertion of section 21A

After section 21 of the Local Government Act

1989 insert—

"21A. Order in Council dates

The date specified for the purposes of

section 21(2) or 22(2) by Order in Council—

(a) must be a date after the entitlement date of the relevant election or poll;

Local Government (Miscellaneous Amendment) Act 1997

s. 9 Act No. 76/1997

(b)	must be specified each year for Councils that hold annual elections;
(c)	in respect of a Council that holds triennial elections, need only be specified in the election year of that Council;
(d)	Council that is required to hold a poll

must be specified in respect of any the same time as an election).".

9. Consequential amendments

(1) In the Local Government Act 1989—

(a)	in section 21(2), omit "in each year (being a date after the entitlement date)";
(b)	in section 22(2), omit "in each year (being a date after the entitlement date)";
(c)	in section 24(4), omit "and not later than a date to be specified by Order in Council in any other year".

(2) After section 24(4) of the Local Government Act 1989 insert—

"(4A) In the case of a Council that is required to

conduct a poll of voters, the Chief Executive Officer must not later than 3 days before the poll is to be held certify in writing that the

voters' roll has been prepared in accordance with this Act (unless the poll is to be held at the same time as an election).".

(3) In section 39 of the Local Government Act

1989—

(a) in sub-section (2), after "Melbourne City Council" insert "or a specified Council";

Local Government (Miscellaneous Amendment) Act 1997

Act No. 76/1997 s. 10

(b) in sub-section (3), after "City of Melbourne" insert "or the municipal district of a specified Council".

(4) After section 39(3) of the Local Government Act

1989 insert—
'(4) In this section, "specified Council" means a

Council that has been re-constituted by an Order made under section 220Q(na) while that Order remains in force.'.

10.  Clarification concerning issuing of infringement notices

For section 40A(7) of the Local Government Act
1989 substitute—

"(7) Sections 40(2) to (13) apply as if—

(a)	an offence under sub-section (3) was an offence under section 40(1A); and
(b)	a reference to a person in section 40(3) included a reference to a corporation.".

11. Insertion of section 40B

After section 40A of the Local Government Act

1989 insert—

"40B. Compulsory voting—Councils re-

constituted under section 220Q(na)

(1) Section 40(1) does not apply to elections for any Council re-constituted by an Order made under section 220Q(na) while that Order

remains in force.

(2) Except as is provided in the regulations, it is compulsory for a person who is enrolled on the voters' roll in respect of any ward of such

a Council to vote—

(a) at any election in respect of that ward; and

Local Government (Miscellaneous Amendment) Act 1997

s. 12 Act No. 76/1997

(b) at any election in respect of the municipal district as a whole.

(3) A person must vote as required by sub-

section (2).
Penalty: 1 penalty unit.

(4) If an election in respect of a ward and in

respect of the municipal district as a whole is
held on the same day, a person who fails to
vote in both elections is only guilty of one
offence under sub-section (3).

(5) Sections 40(2)–(13) apply as if an offence

under sub-section (3) was an offence under
section 40(1A).".

12. Voting at polls may be by postal voting only

(1) In section 41A of the Local Government Act

1989—

(a)	in sub-section (1), after "an election" insert "or at a poll of voters";
(b)	in sub-sections (2)(a) and (b) and (4), after "election" (wherever occurring) insert "or poll";

(c) in sub-section (3)—

(i) after "If an election" insert "or a poll";

(ii)  after "which an election" insert "or a poll".

(2) In section 43(1)(ca) of the Local Government

Act 1989, after "held on" insert "or by".

(3) In Schedule 3 of the Local Government Act

1989—

(a) for clause 16(3)(a) substitute— "(a) the date on which the poll is to be held,

or if all voting at the poll is to be by

Local Government (Miscellaneous Amendment) Act 1997

Act No. 76/1997	s. 13
means of postal voting, the last date on which postal ballots may be validly received;";

(b) for clause 17(1)(b) substitute— "(b) the poll must be held on a Saturday and

must start at 8 a.m. and close at 6 p.m. (unless all voting at the poll is to be by means of postal voting);".

13. Housekeeping amendments concerning polls

In the Local Government Act 1989—

(a) sections 35(3) and 157(3) are repealed;

(b)	in section 51, after "election" (wherever occurring) insert "or poll";
(c)	in sections 219(11) and (12), for "declaration of the poll" substitute "public declaration of the election result";
(d)	in Schedule 3, in clause 17(1)(e), after "of this Act" insert "(other than sections 40, 40A, 40B, 44, 45 and 46)".

14.  Changes concerning mayoral and councillor allowances

(1) After section 74(4) of the Local Government Act 1989 insert—

"(4A) A Mayor is not entitled to receive an

allowance as a Councillor if she or he is

receiving an allowance as a Mayor.

(4B) An Order in Council may specify that

different amounts and limits are to apply in respect of specified categories of Councils.

(4C) In paying an allowance under this section, a

Council must make the payment in the manner specified in the Order in Council that specified the amount of the allowance.".

Local Government (Miscellaneous Amendment) Act 1997

s. 15

s. 16 Act No. 76/1997

(2) For section 74A(2) of the Local Government Act

1989 substitute—
"(2) The Order in Council may specify that the

Lord Mayor is to receive a higher allowance than that specified for other Councillors.

(2A) The Lord Mayor is not entitled to receive an

allowance as a Councillor if she or he is receiving an allowance as Lord Mayor.

(2B) In paying an allowance under this section, the Council must make the payment in the manner specified in the Order in Council that

specified the amount of the allowance.".

15.  Changes concerning the preparation of financial statements

After section 126(4B) of the Local Government
Act 1989 insert—

"(4C) The Council must not submit the financial

statements to its auditor or the Minister
unless it has passed a resolution giving its
approval in principle to the statements.

(4D) The Council must authorise 2 Councillors to certify the statements in their final form after any changes recommended, or agreed to, by

the auditor have been made.".

16.  Councils not to be able to charge 5 year rates backpayment on change of status of land

Section 174 of the Local Government Act 1989 is repealed.

17.  Minor changes concerning appeals against rates and charges

For section 184(1) of the Local Government Act
1989 substitute—
"(1) A person who is aggrieved—

Local Government (Miscellaneous Amendment) Act 1997

Act No. 76/1997 s. 19

(a)	by a rate or charge imposed by a Council under this or any other Act; or
(b)	by anything included or excluded from such a rate or charge—

may appeal to the County Court for a review
of the rate or charge.

(1A) This section does not apply to a matter in

respect of which an objection or appeal may
be made under Part III of the Valuation of
Land Act 1960 or under section 183.

(1B) The person must lodge the appeal with the

Court within 60 days after first receiving written notice of the rate or charge.".

18.  Changes concerning the preparation of competitive tendering statements

After section 208G(3) of the Local Government

Act 1989 insert—

"(3A) The Council must not submit the statement

to its auditor or the Minister unless it has passed a resolution giving its approval in principle to the statement.

(3B) The Council must authorise 2 Councillors to approve the statement in its final form after any changes recommended, or agreed to, by the auditor have been made.

(3C) The approval by the 2 Councillors must be

given in the form and manner required by the
regulations.".

19.  Changes concerning reviews of electoral representation

(1) For section 220(1) of the Local Government Act 1989 substitute—

Local Government (Miscellaneous Amendment) Act 1997

s. 20 Act No. 76/1997

"(1) If the municipal district of a Council is

divided into wards, at least once every 6
years the Council must undertake a review to

decide—

(a)

whether the number of voters within 10% of the number derived from the following calculation—

V

C

where—

V is the number of people entitled to

vote in the municipal district;

C is the number of Councillors; and

(b) whether the existing boundaries of the wards of the municipal district are a fair and equitable division of the municipal district into wards.

(1A) In the case of the Melbourne City Council or

any Council that is the subject of an order
made under section 220Q(na), a reference in
sub-section (1)(a) to a Councillor or
Councillors is to be read as only including
Councillors representing a ward.".

(2) After section 220(2) of the Local Government

Act 1989 insert—

"(2A) The Council must include in the notice

required by sub-section (2)(b) its reasons for
its decision.

(2B) The Council must give the Minister any

other information that the Minister asks for
in relation to a review.".

20. Power to change electoral structure of Councils

Local Government (Miscellaneous Amendment) Act 1997

Act No. 76/1997 s. 23

For section 220Q(na) of the Local Government
Act 1989 substitute—
"(na) re-constitute a Council so that it consists of

Councillors elected to represent individual wards and Councillors elected to represent the municipal district as a whole;

(nb) re-constitute such a Council (other than the Melbourne City Council) so that it consists only of Councillors elected to represent

individual wards or only of Councillors
elected to represent the municipal district as
a whole;".

21. Repeal of the Public Authorities Marks Act 1958 The Public Authorities Marks Act 1958 is repealed.

22.  Changes concerning the preparation of performance statements

In section 14 of the Local Government
(Amendment) Act 1996, after proposed section

153B(4) insert—

"(4A) The Council must not submit the statement

to its auditor or the Minister unless it has passed a resolution giving its approval in principle to the statement.

(4B) The Council must authorise 2 Councillors to approve the statement in its final form after any changes recommended, or agreed to, by the auditor have been made.

(4C) The approval by the 2 Councillors must be

given in the form and manner required by the
regulations.".

23. Repeal of section 213 of the Building Act 1993

Section 213 of the Building Act 1993 is repealed.

Local Government (Miscellaneous Amendment) Act 1997

Act No. 76/1997

24. Statute law revision

In the Local Government Act 1989—

(a) in section 97C(6), for "(c)" substitute "(b)";

(b)

in section 209(2)(d), for "Public Service Management Act 1992";

(c)	in Schedule 4, in clause 2(1)(c), for "Public Service Act 1974" substitute "Public Sector Management Act 1992 (except Part
9) ".

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Local Government (Miscellaneous Amendment) Act 1997

Act No. 76/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 29 October 1997

The long title for the Bill for this Act was "to amend the Local Government Act 1989, the Building Act 1993 and the Local Government (Amendment) Act 1996, to repeal the Public Authorities

Marks Act 1958 and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 16 October 1997

Legislative Council: 18 November 1997