Untitled document

City of Melbourne Amendment Act 2011

No. 74 of 2011

table of provisions

Section  Page

1Purpose

2Commencement

3Constitution of the Council

4New sections 6A and 6B inserted

6AConstitution of Council may be altered

6BApplication of Schedule 1 to be specified by Order in Council

5Repeal of section 17

6How votes to be counted

7Repeal of sections 28D and 28E

8Amendment of Schedule 1

9Repeal of amending Act

═══════════════

Endnotes

City of Melbourne Amendment Act 2011

No. 74 of 2011

[Assented to 13 December 2011]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the City of Melbourne Act 2001—

(a)to enable Orders in Council to be made to alter the constitution of the Melbourne City Council; and

(b)to make consequential and other minor amendments.

2Commencement

This Act comes into operation on 1 February 2012.

3Constitution of the Council

After section 6(3) of the City of Melbourne Act 2001 insert—

"(4)The constitution of the Council as specified in subsection (1)(c) or (2)—

(a)may be altered as specified in section 6A;

(b)applies until an alteration is made as specified in section 6A.".

4New sections 6A and 6B inserted

After section 6 of the City of Melbourne Act 2001 insert—

6AConstitution of Council may be altered"

(1)The Governor in Council may make an Order in Council in accordance with section 220Q of the Local Government Act 1989 to alter the constitution of the Council.

(2)An Order in Council referred to under subsection (1) must not alter provisions of this Act that apply to the election of the Lord Mayor and Deputy Lord Mayor.

(3)An alteration made to the constitution of the Council by an Order in Council referred to in subsection (1) must ensure that the number of Councillors assigned to the Council is not fewer than 3 and not more than 10 (excluding the Lord Mayor and the Deputy Lord Mayor).

6BApplication of Schedule 1 to be specified by Order in Council

(1)The Governor in Council may specify by Order in Council that Schedule 1 does not apply to the election of Councillors.

(2)If the Governor in Council does not make an Order in Council under subsection (1) Schedule 1 continues to apply to the election of Councillors (other than the Lord Mayor and Deputy Lord Mayor).".

5Repeal of section 17

Section 17 of the City of Melbourne Act 2001 is repealed.

6How votes to be counted

(1)Section 18(3) of the City of Melbourne Act 2001 is repealed.

(2)For section 18(5) of the City of Melbourne Act 2001 substitute—

"(5)If the election of Councillors was conducted in accordance with Schedule 1 to this Act and the application of section 37A of the Local Government Act 1989 does not result in the filling of all the vacancies in the offices of Councillors (other than the Lord Mayor or Deputy Lord Mayor)—

(a)in the case of a single vacancy to be filled, Schedule 2 and Parts 1, 2, 3 and 5 of Schedule 3 to the Local Government Act 1989 apply to the by‑election to fill the vacancy;

(b)if there is more than one vacancy to be filled, Schedule 1 also applies to the by‑election to fill the vacancies.".

7Repeal of sections 28D and 28E

Sections 28D and 28E of the City of Melbourne Act 2001 are repealed.

8Amendment of Schedule 1

(1)In clause 1(1) of Schedule 1 to the City of Melbourne Act 2001, for "This" substitute "Subject to subclause (3), this".

(2)For clause 1(2) of Schedule 1 to the City of Melbourne Act 2001 substitute—

"(2)Subject to subclause (3), Schedule 2 and Parts 2, 4A and 5 and clauses 1(3) and 2 of Schedule 3 to the Local Government Act 1989 and any regulations made under that Act relating to elections also apply to the election.

(3)This Schedule applies to an election of Councillors (other than the Lord Mayor and Deputy Mayor) unless the Governor in Council, by Order in Council, specifies that it does not apply under section 6B(1).".

(3)In clause 3(2)(c) of Schedule 1 to the City of Melbourne Act 2001, for "4 p.m." substitute "noon".

(4)In clause 4(8) of Schedule 1 to the City of Melbourne Act 2001, for "4 p.m." substitute "noon".

(5)In clause 6(2)(b) of Schedule 1 to the City of Melbourne Act 2001, for "4 p.m." substitute "noon".

(6)In clause 16 of Schedule 1 to the City of Melbourne Act 2001—

(a)in subclause (1), for "4 p.m." substitute "noon";

(b)in subclause (1), for "31st day" substitute "32nd day";

(c)in subclause (2), for "4 p.m." substitute "noon".

9Repeal of amending Act

This Act is repealed on 1 February 2013.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Endnotes

Minister's second reading speech—

Legislative Assembly: 9 November 2011

Legislative Council: 24 November 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the City of Melbourne Act 2001 and for other purposes."