Untitled document

Local Government Amendment (Conflicting Duties) Act 2009

No. 53 of 2009

table of provisions

Section  Page

1Purpose

2Commencement

3New sections 28A and 28B inserted

28ADisqualification to be a Councillor due to conflicting duties

28BTransitional provision

4Repeal of amending Act

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Endnotes

Local Government Amendment (Conflicting Duties) Act 2009

No. 53 of 2009

[Assented to 8 September 2009]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Local Government Act 1989 to provide for conflicting duties of persons who are or want to be Councillors and for other purposes.

2Commencement

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

3New sections 28A and 28B inserted

After section 28 of the Local Government Act 1989 insert—

"28A   Disqualification to be a Councillor due to conflicting duties

(1)Subject to section 28B, unless subsection (2) applies, a person is not capable of becoming or continuing to be a Councillor or nominating as a candidate at an election under this Act if the person is—

(a)a member of the Parliament of Victoria or of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or

(b)employed as a Ministerial officer, a Parliamentary adviser or an electorate officer by a member of the Parliament of Victoria or in a corresponding position (however designated) by or for a member of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or

(c)a Councillor of another Council constituted under this Act or a member of a corresponding body (however designated) under an Act of another State or a Territory of the Commonwealth.

(2)A person to whom subsection (1)(b) applies is not prevented from nominating as a candidate at an election or from being declared elected at an election if for the duration of the election period for that election—

(a)the person has taken leave from any office or position referred to in subsection (1)(b) held by that person; and

(b)the person does not perform any of the duties of that office or position.

(3)Despite subsection (2), a person to whom subsection (1)(b) applies cannot take the oath of office after being declared elected if the person continues to hold any office or position referred to in subsection (1)(b).

(4)In this section—

electorate officer means a person employed under Part 4 of the Parliamentary Administration Act 2005;

Ministerial officer means a person employed as a Ministerial officer under Part 6 of the Public Administration Act 2004;

Parliamentary adviser means a person employed as a Parliamentary adviser under Part 6 of the Public Administration Act 2004.

28BTransitional provision

A Councillor who immediately before the commencement of the Local Government Amendment (Conflicting Duties) Act 2009 holds any office or position referred to in section 28A(1)(a), (b) or (c) who continues to hold that office or position at the expiry of the period of 7 days after that commencement goes out of office as a Councillor on the expiry of that period.".

4Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

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).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 29 July 2009

Legislative Council: 13 August 2009

The long title for the Bill for this Act was "A Bill for an Act to amend the Local Government Act 1989 to provide for conflicting duties of persons who are or want to be Councillors and for other purposes."