Untitled document

Local Government (Amendment) Act 1996

Act No. 34/1996

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Substitution of section 77	2

77. Improper use of information 2

4.	Changes concerning the register of interests	3
5.	Relocation of section 127	4
6.	Changes concerning annual reports	4
7.	Substitution of section 126A	6

126A. Meeting to discuss annual report 6

8. Insertion of section 128 6

128. Audited report on performance statement 6

9. Substitution of section 144 7

144. Council must prepare a budget 7

144A. Revised budget 7

144B. Minister may require information concerning budgets 8

10. Relocation of section 151 8

145A. Use of loan for different purpose 8

11.      Extension of right of public to make submissions concerning

budget 8

12.

Rewording of provision concerning the adoption of budgets 9

13.

Substitution of section 153A	9
153A. Corporate plan	9

14.

Insertion of section 153B	11
153B. Performance statement	11

15.

Substitution of section 155 12

155. What rates and charges may a Council declare? 12

16.

Extension of the ability of Councils to recover unpaid rates 12

17.      Public to be able to make submissions concerning any change to

valuation system 12
18.	Minor changes concerning rates 12

19.      Reorganisation of provisions and changes concerning differential

rates 13

20.

Insertion of section 161A	14
161A. Limited differential rates	14

21.

Relocation of section 182 14

163A. Submissions concerning special rates and charges 16

i

Section Page

22.      Consequential amendments concerning the relocation of section

182 16
23.	Buyers need not pay current rates of new property immediately 16
24.	Minor amendments 17

25.      Repeal of sunset provisions concerning caps on rates and charges 18

26.      Council to be able to contract with another Council without the

Minister's permission 18

27.      Refinement concerning regional group competitive arrangements 18

28.      Change concerning the constitution of municipal electoral

tribunals 19
29.	Minor consequential amendments 20
30.	Repeal of the Bourke Street Mall Act 1982 20

31. Repeal of spent provisions in the City of Greater Geelong Act

1993 20
32.	Repeal of spent provisions in the City of Melbourne Act 1993 20
33.	Statute law revision 21

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NOTES 22

ii

Victoria

No. 34 of 1996

Local Government (Amendment) Act

1996†

[Assented to 29 October 1996]

The Parliament of Victoria enacts as follows:

1. Purpose

The chief purpose of this Act is to amend the

Local Government Act 1989—

(a)	to make changes concerning annual reports, corporate plans, budgets and the declaration of rates; and
(b)	to remove the requirement that buyers of land pay all current rates owing on the land as soon as they obtain the land; and

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 2

(c) to generally improve the operation of that Act.

2. Commencement

(1) This Act (other than the provisions referred to in sub-section (2)) comes into operation on the day on which it receives the Royal Assent.

(2) Sections 6(2), 8, 13, 14 and 30(2) 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. Substitution of section 77

For section 77 of the Local Government Act
1989 substitute—
"77. Improper use of information

(1) A person who is, or has been, a Councillor or

a member of a Council committee must not
make improper use of any information
acquired as a Councillor or member—

(a)	to gain, or to attempt to gain, directly or indirectly, a pecuniary advantage for himself or herself or for any other person; or
(b)	to harm, or to attempt to harm, the Council.
Penalty:	For a first offence: 20 penalty units; For a second or subsequent offence: imprisonment for 3 months.

(2) A person who is, or has been, a Councillor or a member of a Council committee must not

Local Government (Amendment) Act 1996

s. 4 Act No. 34/1996

release information that the person knows, or

should reasonably know, is information—

(a) that is confidential to the Council; and

(b)	that the Council wishes to keep confidential.
Penalty:	For a first offence: 20 penalty units; For a second or subsequent offence: imprisonment for 3 months.".

4. Changes concerning the register of interests

(1) In section 81 of the Local Government Act

1989—

(a)	in sub-section (1), in paragraph (b) of the definition of "return period", for "the ordinary" substitute "that";
(b)	in sub-section (6)(a), for "held" substitute "holds";
(c)	for sub-section (6)(b) substitute— "(b) the name or description of any

company, partnership, association or other body in which he or she holds a beneficial interest which exceeds in

value $2000;

(c) 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 he or
she has any beneficial interest other
than by way of security for any debt;

(d) a concise description of any trust in which he or she holds a beneficial interest or of which he or she is a

Local Government (Amendment) Act 1996

Act No. 34/1996	s. 5
trustee and a member of his or her family holds a beneficial interest;

(e) any other substantial interest whether of a pecuniary nature or not of him or her or of a member of his or her family of which he or she is aware and which he or she considers might appear to raise a material conflict between his or her private interest and his or her public duty as a Councillor, member of a special committee or nominated officer.";

(d) in sub-section (7)(b)—

(i) for "holds" substitute "held";

(ii) for "exceeds" substitute "exceeded";

(e)	in sub-section (7)(c), for "has" substitute "had";
(f)	in sub-section (7)(d), for "holds" (wherever occurring) substitute "held".

5. Relocation of section 127

(1) After section 125(2) of the Local Government

Act 1989 insert—

"(3) A Council has a duty to ensure that its

accounts and records are kept up to date and
ready for inspection at any time by any

person authorised to inspect them.".

(2) Section 127 of the Local Government Act 1989

is repealed.

6. Changes concerning annual reports

(1) For sections 126(1)(aa) and (ab) of the Local

Government Act 1989 substitute—

"(aa) the competitive tendering statement required

by section 208G; and".
Local Government (Amendment) Act 1996

s. 6 Act No. 34/1996

(2) After section 126(1)(b) of the Local Government

Act 1989 insert—

"; and

(c)	a copy of the performance statement prepared under section 153B; and
(d)	a copy of the report on the performance statement prepared under section 128.".

(3) Section 126(2) of the Local Government Act

1989 is repealed.

(4) After section 126(4)(b) of the Local Government

Act 1989 insert—

"; and

(c)	present fairly the financial transactions of the Council during the financial year to which they relate; and
(d)	present fairly the financial position of the Council at the end of that year; and

(e) be certified in the manner prescribed. (4A) The auditor must not sign the auditor's report

concerning the financial statements unless sub-section (4)(e) has been complied with.

(4B) The annual report must be submitted to the Minister within 3 months of the end of each financial year or such longer period as the

Minister may permit in a particular case.".

(5) In section 126(5) of the Local Government Act

1989, for "sub-section (2)" substitute "sub-
section (4B)".

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 7

7. Substitution of section 126A

After section 126 of the Local Government Act

1989 insert—

"126A. Meeting to discuss annual report

(1) A Council must hold a meeting to discuss its annual report once each year.

(2) The meeting—

(a)	must be held as soon as practicable (but within the time required by the regulations) after the Council has sent the report to the Minister; and
(b)	must be advertised at least 14 days before it is held in a public notice that states the purpose of the meeting and the place from which copies of the annual report can be obtained before the meeting; and
(c)	must not be held in conjunction with any other meeting; and
(d)	must be kept open to the public at all times.".

8. Insertion of section 128

After section 127B of the Local Government Act

1989 insert—

"128. Audited report on performance statement

The auditor must prepare a report on the
performance statement prepared by a
Council under section 153B in the form and
containing the details required by the
Minister and must submit a copy of that

Local Government (Amendment) Act 1996

s. 9 Act No. 34/1996

report to the Minister and the Council as
soon as is reasonably practicable after the

report has been prepared.".

9. Substitution of section 144

For section 144 of the Local Government Act

1989 substitute—

"144. Council must prepare a budget

(1) A Council must prepare a budget for each financial year.

(2) The Council must ensure that the budget

contains—

(a)	the information the Council is required to declare under section 158(1); and
(b)	if the Council intends to declare a differential rate under section 161, the details listed in section 161(2); and
(c)	if the Council intends to declare a differential rate under section 161A, the details listed in section 161(2); and
(d)	any other details required by the regulations.

144A. Revised budget

(1) A Council must prepare a revised budget if circumstances arise which cause a material change in the budget and which affect the

financial operations and position of the

Council.

(2) The Council must ensure that a revised

budget is prepared as soon as is practicable
after the Council becomes aware of the
change in the budget.

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 10

(3) The Council must ensure that a revised

budget contains all the details required by

the regulations.

144B. Minister may require information

concerning budgets

(1) A Council must give the Minister any details

required by the regulations concerning
budgets or revised budgets within the time
specified in the regulations.

(2) A Council must give the Minister any details concerning its budget or revised budget that the Minister asks for.

(3) A Council must comply with sub-section (2)

within 14 days (or any longer period
specified by the Minister) of receiving a
request in writing for the details from the
Minister.".

10. Relocation of section 151

After section 145 of the Local Government Act

1989 insert—

"145A. Use of loan for different purpose

A Council may only apply unexpended money previously borrowed for a particular purpose for capital works included in the current budget or a revised budget.".

11.  Extension of right of public to make submissions concerning budget

For sections 146(2) and (3) of the Local
Government Act 1989 substitute—

"(2) A person has a right to make a submission

under section 223 on any proposal contained
in the budget or revised budget.

Local Government (Amendment) Act 1996

s. 12 Act No. 34/1996

(3) In addition to any other requirements

specified by this Act, the notice referred to in

sub-section (1) must—

(a)	contain any details required by the regulations; and
(b)	advise that copies of the budget or revised budget are available for inspection at the Council office for at least 14 days after the publication of the notice; and
(c)	be displayed at the Council office and district offices and at any place required by the regulations.".

12.  Rewording of provision concerning the adoption of budgets

For section 150(1) of the Local Government Act
1989 substitute—

"(1) A Council may adopt a budget or revised

budget if it has complied with all of the
relevant requirements of this Act relating to

budgets and revised budgets.".

13. Substitution of section 153A

For section 153A of the Local Government Act

1989 substitute—

"153A. Corporate plan

(1) By the end of each financial year a Council

must submit to the Minister a corporate plan
that sets out—

(a) the corporate objectives of the Council for the next 3 financial years; and

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 13

(b)	strategies for achieving those objectives; and
(c)	indicators against which the performance of the Council in achieving those objectives can be measured; and
(d)	covering both financial and

a general resource allocation plan, financial years; and

(e)	the business plan that the Council will pursue over the next financial year; and
(f)	performance targets and measures by which the Council's performance may be judged in relation to the

achievement of that business plan; and

(g) any other matters that are required by the regulations.

(2) A Council must review its corporate plan before submitting it to the Minister.

(3) The Minister may extend the period within

which a Council must comply with
sub-section (1).

(4) If a Council fails to submit a corporate plan to the Minister within the time allowed, the Minister must ensure that details of the

failure are published in the annual report of

the Department administering this Act.

(5) A copy of the current corporate plan must be available for inspection by the public at the place required by the regulations.".

Local Government (Amendment) Act 1996

s. 14 Act No. 34/1996

14. Insertion of section 153B

After section 153A of the Local Government Act

1989 insert—

"153B. Performance statement

(1) As soon as is reasonably practicable after the

end of each financial year, a Council must
prepare a performance statement.

(2) The statement must—

(a)	outline the performance targets and measures set out in relation to the achievement of the business plan in respect of that year described in the Council's corporate plan; and
(b)	describe the extent to which the business plan was met in that year having regard to those targets and measures.

(3) The statement must be in the form, and must

contain the details, required by the
regulations.

(4) The Council must submit the statement to its

auditor as soon as possible after the
statement has been prepared.

(5) The Council must submit the statement to the Minister within 3 months of the end of the financial year to which the statement

relates.

(6) The Council must do this even if the auditor

has not yet prepared the report on the
statement required by section 128.

(7) If the statement shows that the Council has

failed to substantially achieve the targets set
out in the business plan, the Council must

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 15

ensure that the copy of the statement
submitted to the Minister is accompanied by
a written explanation of why it failed to

achieve those targets.".

15. Substitution of section 155

For section 155 of the Local Government Act

1989 substitute—

"155. What rates and charges may a Council

declare?

A Council may declare the following rates and charges on rateable land—

(a) general rates under section 158;
(b) municipal charges under section 159;
(c) service rates under section 162;
(d) service charges under section 162;
(e) special rates under section 163;
(f) special charges under section 163.".

16.  Extension of the ability of Councils to recover unpaid rates

In section 156(2) of the Local Government Act
1989, after "occupier of" insert ", or the
mortgagee in possession of,".

17.  Public to be able to make submissions concerning any change to valuation system

For section 157(5) of the Local Government Act
1989 substitute—

"(5) A person has a right to make a submission

under section 223 on a Council's decision to

change its system of valuation.".

18. Minor changes concerning rates

Local Government (Amendment) Act 1996

s. 19 Act No. 34/1996

(1) For section 158(1)(b)(ii) of the Local Government Act 1989 substitute— "(ii) differential rates (if the Council is permitted

to raise such rates under section 161(1)); or

(iii)

urban farm rates, farm rates or residential use such rates under section 161A).".

(2) For section 160(b) of the Local Government Act

1989 substitute—

"(b) the general rate for any rateable land is to be

determined by multiplying the value of the
land (as determined under the valuation
system used by the Council) by that
percentage.".

19.  Reorganisation of provisions and changes concerning differential rates

(1) For section 161(1) of the Local Government Act

1989 substitute—

"(1) A Council may raise any general rates by the

application of a differential rate if—

(a)	it uses the capital improved value system of valuing land; and
(b)	it considers that the differential rate will contribute to the equitable and efficient carrying out of its functions.".

(2) Section 157(4) of the Local Government Act

1989 is repealed.

(3) In section 161(3) of the Local Government Act

1989—

(a) for "inspection by residents of the Council's municipal district at the Council office during the Council office's office hours:"

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 20

substitute "public inspection at the Council

office—";

(b) paragraph (a) is repealed;

(c) in paragraph (c), after "differential rating" insert "and what proportion of the total rates and charges this represents".

(4) Section 161(4) of the Local Government Act

1989 is repealed.

20. Insertion of section 161A

After section 161 of the Local Government Act

1989 insert—

"161A. Limited differential rates

(1) This section only applies to a Council that

does not use the capital improved value
system of valuing land.

(2) The Council may raise general rates by

applying a differential rate in relation to farm land, urban farm land or residential use land, but only if—

(a)	the farm rate, urban farm rate or residential use rate is applied on the basis of whether or not any land is within a specific ward in the Council's municipal district; and
(b)	a majority of the Councillors for any such ward which is to be subject to the higher differential rate agree to that differential rate.

(3) If a Council declares a differential rate under

this section, sections 161(2), (3) and (5)
apply in respect of the declaration.".

21. Relocation of section 182

Local Government (Amendment) Act 1996

Act No. 34/1996

After section 163 of the Local Government Act
1989 insert—

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 22

"163A. Submissions concerning special rates and

charges

On the declaration of a special rate or special
charge by a Council, a person may make a
submission under section 223 in relation

to—

(a)	the Council's declaration of the rate or charge; or
(b)	the application of the rate or charge to certain land; or

(c) the amount of the rate or charge; or

(d)	the basis of the calculation of the rate or charge; or
(e)	the special benefit that the Council considers will result from the rate or charge.".

22.  Consequential amendments concerning the relocation of section 182

(1) In the heading to Division 3 of Part 8 of the Local
Government Act 1989, omit "Submissions and".

(2) Section 182 of the Local Government Act 1989

is repealed.

23.  Buyers need not pay current rates of new property immediately

(1) In section 175(1) of the Local Government Act 1989, omit all words after paragraph (b).

(2) After section 175(1) of the Local Government

Act 1989 insert—

"(1A) If the previous owner of the rateable land

had been paying any rate or charge by
instalments at the time the ownership of the
land changed, the person who becomes the

Local Government (Amendment) Act 1996

s. 24 Act No. 34/1996

owner of the land may continue the payment

of that rate or charge by instalments.

(1B) The person who becomes the owner of

rateable land may also pay a rate or charge by instalments if the previous owner could have paid it by instalments and the person becomes the owner of the land before the date the first instalment falls due.

(1C) In all other cases, the person who becomes

the owner of rateable land must pay any
amount due under sub-section (1)—

(a)	by the date it was due to have been paid by the previous owner of the land; or
(b)

if that date has already passed, the owner of the land.

(1D) Sub-sections (1A) and (1B)—

(a)	do not apply to instalment payments relating to rates or charges that are in arrears; and
(b)	are not to be read as enabling a new owner to obtain the benefit of any concessional rate or charge that the new owner is not entitled to in her, his or its own right.".

24. Minor amendments

In the Local Government Act 1989—

(a) in section 184(1)(b), for "2 months" substitute "60 days";

(b) section 184(4) is repealed;

(c) in section 185(2)(a), for "one month" substitute "30 days".

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 25

25.  Repeal of sunset provisions concerning caps on rates and charges

Sections 185B(10) and 185C(3) of the Local
Government Act 1989 are repealed.

26.  Council to be able to contract with another Council without the Minister's permission

After section 193(5) of the Local Government
Act 1989 insert—

"(5A) Despite sub-section (5), a Council may enter

into an arrangement to jointly tender or
contract with another Council without the
approval of the Minister and the Treasurer.".

27.  Refinement concerning regional group competitive arrangements

After section 208BA(2) of the Local
Government Act 1989 insert—
"(3) If a regional group enters into an

arrangement to which this section applies on behalf of only some of the Councils who are members of the group, then for the purposes of this Division, in any particular financial

year each of those Councils is a party to a where—

competitive arrangement with a value equal
to the result of this calculation—

CP is the proportion of the value of the

arrangement entered into by the
regional group that the Council is
entitled to, as specified in the
arrangement;

VCA has the same meaning as it has in

sub-section (2).".
Local Government (Amendment) Act 1996

s. 28 Act No. 34/1996

28.  Change concerning the constitution of municipal electoral tribunals

(1) In Schedule 4 of the Local Government Act

1989—

(a) for clause 1(a) substitute— "(a) a magistrate or acting magistrate

appointed by the Attorney-General;

and";

(b)

in clause (1)(b), for "Minister" substitute of the Minister";

(c) after clause 2(4) insert— "(5) The appointment as a member of the

Tribunal of a person who, at the time of his or her appointment, held the office of magistrate under section 7 of the Magistrates' Court Act 1989 or acting magistrate under section 9 of that Act ceases at the time the person ceases to hold office as a magistrate or acting magistrate (unless the appointment has already ceased).".

(2) In section 45 of the Local Government Act 1989,

after "inquiry" insert "by a municipal electoral
tribunal".

(3) For section 45(2) of the Local Government Act

1989 substitute—
"(2) The application for an inquiry must be

lodged with the principal registrar of the

Magistrates' Court.".

(4) In section 48(1) of the Local Government Act

1989, after "magistrate" insert "or acting
magistrate".

Local Government (Amendment) Act 1996

Act No. 34/1996 s. 29

29. Minor consequential amendments

Sections 128 and 151 and Schedule 8A of the

Local Government Act 1989 are repealed.

30. Repeal of the Bourke Street Mall Act 1982

(1) Sections 3 to 11 and 13 to 16 of the Bourke

Street Mall Act 1982 are repealed.

(2) The Bourke Street Mall Act 1982 is repealed.

31. Repeal of spent provisions in the City of Greater Geelong Act 1993

Sections 5(1)(b), (c), (d) and (e) and (2), 7, 8, 9, 10(2), (3) and (4), 11, 12, 13, 14, 15, 16(1), (2), (3) and (5), 17, 18, 19, 20, 21, 22, 25 and 26 and Schedules 1, 2 and 3 of the City of Greater

Geelong Act 1993 are repealed.

32. Repeal of spent provisions in the City of Melbourne Act 1993

(1) Sections 5(1)(c), (d) and (e), 7, 8, 9, 10, 11(2),

13, 14(1), (2), (3), (4) and (6), 15, 16, 17, 18, 19, 20, 21, 22 and 25 and Schedules 2, 3, 4 and 5 of the City of Melbourne Act 1993 are repealed.

(2) After section 10(3) of the Local Government Act

1989 insert—

"(4) Despite anything to the contrary in this

Act—

(a)	the municipal district of the Melbourne City Council must consist of 4 wards; and
(b)	1 Councillor must represent each ward; and
(c)	5 councillors must represent the municipal district as a whole and must be elected in accordance with Part 4A of Schedule 3; and

Local Government (Amendment) Act 1996

s. 33 Act No. 34/1996

(d) the Melbourne City Council must consist of 9 Councillors.".

33. Statute law revision

In the Local Government Act 1989—

(a)

in section 3(1), in the definition of determined under section 24(7)";

(b) in section 90(2), omit "71(2), 73(3)(b)";

(c)	in section 183(4), for "adaptions" substitute "adaptations";
(d)	in section 191(1)(e), for "any hospital within the meaning of the Hospitals and Charities Act 1958 being a public hospital" substitute "a public hospital within the meaning of the Health Services Act 1988";
(e)	in section 208G(5), for "section 129A(1)(c)" substitute "section 127B";
(f)	in section 243(9), for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23(2) of the Subordinate Legislation Act 1994";
(g)	in Schedule 3, in clause 2(5), for "sub-section" substitute "sub-clause";
(h)	in Schedule 10, in clause 4(2)(b), after "referred to" insert "in";

(i)  in Schedule 11A, in clause 1(2), for "(a) of sub-section (1)" substitute "(d) of sub- clause (1)".

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Local Government (Amendment) Act 1996

Act No. 34/1996 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 30 May 1996

Legislative Council: 8 October 1996

The long title for the Bill for this Act was "to amend the Local
Government Act 1989, the City of Greater Geelong Act 1993 and the
City of Melbourne Act 1993 and for other purposes."