City of Greater Geelong Amendment Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i City of Greater Geelong Amendment Act 2017 No. 24 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 Part 2—Amendments to the City of Greater Geelong Act 1993 3 4 Reconstitution of Council from October 2012 3 5 Sections 8 and 9 substituted 3 6 Division 1 of Part 3 substituted 4 7 Section 11A substituted 5 8 Filling of vacancy of office of Mayor 5 9 Election of Deputy Mayor 6 10 Entitlement to receive an allowance 7 11 Repeal of Part 4 8 Part 3—Repeal of amending Act 9 12 Repeal of amending Act 9 ═════════════ Endnotes 10 1 General information 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 City of Greater Geelong Amendment Act 2017 † No. 24 of 2017 [Assented to 20 June 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The main purpose of this Act is to amend the City of Greater Geelong Act 1993 to make amendments to— (a) the method of election of the Mayor and Deputy Mayor of Greater Geelong City Council; and (b) the constitution of that Council. Victoria -- 2 of 11 -- Part 1—Preliminary City of Greater Geelong Amendment Act 2017 No. 24 of 2017 2 Authorised by the Chief Parliamentary Counsel 2 Commencement This Act comes into operation on the day after the day it receives the Royal Assent. 3 Principal Act In this Act, the City of Greater Geelong Act 1993 is called the Principal Act. -- 3 of 11 -- Part 2—Amendments to the City of Greater Geelong Act 1993 City of Greater Geelong Amendment Act 2017 No. 24 of 2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments to the City of Greater Geelong Act 1993 4 Reconstitution of Council from October 2012 Section 7 of the Principal Act is repealed. 5 Sections 8 and 9 substituted For sections 8 and 9 of the Principal Act substitute— "8 Reconstitution of the Council from October 2017 (1) From the general election, to be held in October 2017, the Council consists of 11 Councillors elected to represent 4 individual wards as follows— (a) 3 wards represented by 3 Councillors each; (b) one ward represented by 2 Councillors. (2) The constitution of the Council as specified in subsection (1)— (a) may be altered as specified in section 9(2); and (b) applies until an alteration is made as specified in section 9(2). 9 Orders in respect of constitution of the Council under section 8(1) (1) For the purposes of the general election to be held in October 2017, the Governor in Council may make an Order in Council in accordance with section 220Q of the Local Government Act 1989 in respect of the following— (a) altering the boundaries or names of the wards of the Council; -- 4 of 11 -- Part 2—Amendments to the City of Greater Geelong Act 1993 City of Greater Geelong Amendment Act 2017 No. 24 of 2017 4 Authorised by the Chief Parliamentary Counsel (b) altering the number of Councillors assigned to each ward in accordance with section 8(1). (2) For the purpose of any general election to be held after October 2017, the Governor in Council may make an Order in Council in accordance with section 220Q of the Local Government Act 1989 in respect of the constitution of the Council under section 8(1).". 6 Division 1 of Part 3 substituted For Division 1 of Part 3 of the Principal Act substitute— "Division 1—Election of Mayor 10 Election of Mayor (1) At a meeting of the Council that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council. (2) A Mayor is to be elected no later than 2 months after the date of a general election. (3) A Mayor is to be elected no sooner than 23 months, but no later than 24 months, after a Mayor was previously elected. (4) A Mayor is to be elected within one month after any vacancy in the office of Mayor occurs. (5) The election of a Mayor after the period specified in subsection (2), (3) or (4) does not invalidate the election. (6) During the period after a general election until a Mayor is elected under this section, the Council must appoint one of the Councillors to chair each meeting of the Council.". -- 5 of 11 -- Part 2—Amendments to the City of Greater Geelong Act 1993 City of Greater Geelong Amendment Act 2017 No. 24 of 2017 5 Authorised by the Chief Parliamentary Counsel 7 Section 11A substituted For section 11A of the Principal Act substitute— "11A Term of office of Mayor (1) The office of Mayor becomes vacant— (a) at 6 a.m. on the day of the election of the Mayor; or (b) if the Mayor dies or ceases to be a Councillor; or (c) if the Mayor's office as a Councillor is suspended for any period under the Local Government Act 1989; or (d) if the Mayor resigns in writing which is given at a Council meeting or to the Chief Executive Officer; or (e) if the Mayor becomes ineligible to hold office under section 81J(2) or (2A) of the Local Government Act 1989; or (f) if the Mayor is ousted from office. (2) For the avoidance of doubt, the office of Mayor becomes vacant under subsection (1)(b) at 6 a.m. on the day of a general election whether or not the Mayor has completed the Mayor's term of office. (3) Any Councillor is eligible for election or re-election to the office of Mayor.". 8 Filling of vacancy of office of Mayor Section 11B(1) and (2) of the Principal Act is repealed. -- 6 of 11 -- Part 2—Amendments to the City of Greater Geelong Act 1993 City of Greater Geelong Amendment Act 2017 No. 24 of 2017 6 Authorised by the Chief Parliamentary Counsel 9 Election of Deputy Mayor (1) For section 11C(1) and (2) of the Principal Act substitute— "(1) At a meeting of the Council that is open to the public, the Councillors must elect a Councillor to be the Deputy Mayor of the Council. (2) A Deputy Mayor is to be elected after the Mayor and within the period specified in section 10(2). (2A) A Deputy Mayor is to be elected no sooner than 23 months, but no later than 24 months, after a Deputy Mayor was previously elected. (2B) A Deputy Mayor is to be elected within one month after any vacancy in the office of Deputy Mayor occurs. (2C) The election of a Deputy Mayor after the period specified in subsection (2), (2A) or (2B) does not invalidate the election.". (2) In section 11C(3) of the Principal Act— (a) in paragraph (a), for "a general election" substitute "an election of a Deputy Mayor"; (b) for paragraph (b) substitute— "(b) if the Deputy Mayor resigns in writing which is given at a Council meeting or to the Chief Executive Officer; or"; (c) in paragraph (e), after "any period" insert "under the Local Government Act 1989". -- 7 of 11 -- Part 2—Amendments to the City of Greater Geelong Act 1993 City of Greater Geelong Amendment Act 2017 No. 24 of 2017 7 Authorised by the Chief Parliamentary Counsel (3) For section 11C(4) of the Principal Act substitute— "(4) For the avoidance of doubt, the office of Deputy Mayor becomes vacant under subsection (3)(c) at 6 a.m. on the day of a general election whether or not the Deputy Mayor has completed the Deputy Mayor's term of office. (4A) Any Councillor is eligible for election or re-election to the office of Deputy Mayor. (4B) If a Councillor Conduct Panel makes a finding of serious misconduct by a Councillor under section 81J of the Local Government Act 1989, the Councillor is disqualified from holding the office of Deputy Mayor from the date of the finding for the remainder of the term of the Council unless the Councillor Conduct Panel otherwise orders.". 10 Entitlement to receive an allowance (1) For section 15(3) of the Principal Act substitute— "(3) A person elected to be Mayor by the Council is entitled to receive the appropriate allowance for that office from the date the person is elected to be Mayor.". (2) For section 15(5) of the Principal Act substitute— "(5) If the Deputy Mayor is required to act as Mayor for a continuous period exceeding 50 days, the Deputy Mayor is entitled to receive the allowance for the office of Mayor instead of the allowance for the office of Deputy Mayor for the period that the Deputy Mayor is acting as Mayor.". -- 8 of 11 -- Part 2—Amendments to the City of Greater Geelong Act 1993 City of Greater Geelong Amendment Act 2017 No. 24 of 2017 8 Authorised by the Chief Parliamentary Counsel 11 Repeal of Part 4 Part 4 of the Principal Act is repealed. -- 9 of 11 -- Part 3—Repeal of amending Act City of Greater Geelong Amendment Act 2017 No. 24 of 2017 9 Authorised by the Chief Parliamentary Counsel Part 3—Repeal of amending Act 12 Repeal of amending Act This Act is repealed on the first anniversary of the date on which it comes into operation. 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). ═════════════ -- 10 of 11 -- Endnotes City of Greater Geelong Amendment Act 2017 No. 24 of 2017 10 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 10 May 2017 Legislative Council: 25 May 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the City of Greater Geelong Act 1993 to make amendments to the method of election of the Mayor and Deputy Mayor of Greater Geelong City Council and the constitution of that Council and for other purposes." -- 11 of 11 --