Local Government (Greater Geelong City Council) Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 3 Construction of Act 2 4 Definition 2 Part 2—Dismissal and administration 3 5 Dismissal of Greater Geelong City Council 3 6 Order in Council 3 7 Provisions applying in respect of administrator or panel of administrators appointed under section 6 3 8 Effect of Order in Council 5 9 Construction of provisions in any Act or document 5 Part 3—General election 7 10 General election 7 Part 4—Amendment of City of Greater Geelong Act 1993 8 11 Repeal of spent provisions 8 12 Amendments relating to general election to be held in 2017 8 13 Amendment of section 11A 8 Part 5—Repeal 9 14 Repeal of this Part and Part 4 9 ═══════════════ Endnotes 10 1 General information 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Local Government (Greater Geelong City Council) Act 2016 † No. 14 of 2016 [Assented to 15 April 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to— (a) dismiss the Greater Geelong City Council; and (b) provide for the appointment of an administrator or a panel of administrators for the Greater Geelong City Council; and Victoria -- 2 of 11 -- Part 1—Preliminary Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 2 Authorised by the Chief Parliamentary Counsel (c) provide for the expiry of the Order in Council; and (d) provide for a general election for the Greater Geelong City Council; and (e) make related amendments to the City of Greater Geelong Act 1993. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Construction of Act This Act must be read and construed as if it was part of the Local Government Act 1989 and the City of Greater Geelong Act 1993. 4 Definition In this Act— Order in Council means the first Order in Council made under section 6 of this Act and any further Order in Council made under that section. -- 3 of 11 -- Part 2—Dismissal and administration Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Dismissal and administration 5 Dismissal of Greater Geelong City Council (1) The Greater Geelong City Council is dismissed. (2) The persons holding office as Councillors of the Greater Geelong City Council cease to hold office. (3) Nothing in this Act affects the continuity of the Greater Geelong City Council as constituted under this Act by the administrator or panel of administrators appointed under the Order in Council. 6 Order in Council The Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette, do any or all of the following— (a) appoint an administrator or a panel of administrators for the Greater Geelong City Council; (b) if a panel of administrators is appointed, appoint one of the administrators to be the Chairperson of the panel of administrators; (c) appoint a person to fill a vacancy in the office of an administrator; (d) appoint a temporary administrator in the place of an administrator to act in the administrator's absence or incapacity to act. 7 Provisions applying in respect of administrator or panel of administrators appointed under section 6 The following provisions apply in respect of the appointment of an administrator or a panel of administrators of the Greater Geelong City Council under section 6 of this Act— -- 4 of 11 -- Part 2—Dismissal and administration Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 4 Authorised by the Chief Parliamentary Counsel (a) the administrator or the panel of administrators constitutes the Greater Geelong City Council and, subject to any conditions of the administrator's appointment or administrators' appointments, must perform all the functions, powers and duties of the Greater Geelong City Council, which must be treated as if they were performed by the Greater Geelong City Council; (b) subject to any conditions of the administrator's appointment, an administrator must perform all the functions, powers and duties of a Councillor of the Greater Geelong City Council, which must be treated as if they were performed by a Councillor of the Greater Geelong City Council; (c) subject to any conditions of the administrator's appointment, the administrator or, if a panel of administrators is appointed, the Chairperson of the panel of administrators, must perform all the functions, powers and duties of the Mayor of the Greater Geelong City Council, which must be treated as if they were performed by the Mayor of the Greater Geelong City Council; (d) an administrator's appointment and anything done by an administrator is not invalid only by reason of a defect in relation to the appointment; (e) an administrator is entitled to be paid the remuneration and allowances and is employed on the conditions which are fixed by the Minister and the remuneration and allowances are to be paid by the Greater Geelong City Council; -- 5 of 11 -- Part 2—Dismissal and administration Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 5 Authorised by the Chief Parliamentary Counsel (f) an administrator— (i) must not, without the Minister's consent, directly or indirectly engage in any paid employment outside the duties of the office of administrator; and (ii) may resign by a written notice of resignation addressed to the Governor in Council; (g) the office of an administrator becomes vacant if the administrator— (i) becomes bankrupt; or (ii) dies; or (iii) is removed or resigns from office; or (iv) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (v) becomes incapable of performing the duties of the office. 8 Effect of Order in Council The first Order in Council made under section 6 of this Act takes effect on the date specified in the Order in Council. 9 Construction of provisions in any Act or document If provision is made in any Act, regulation, rule, by-law, local law, instrument or document for the Mayor, Deputy Mayor or a Councillor of the Greater Geelong City Council or the Chairperson or a member of a committee of the Greater Geelong City Council to be a member of, or to be represented on, a board, Council, committee, commission or other body, or to be a trustee, or to be a member or director of a company, that provision has effect while the Order in Council is -- 6 of 11 -- Part 2—Dismissal and administration Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 6 Authorised by the Chief Parliamentary Counsel in force as if it provided for an administrator, or some other person appointed by the administrator or the panel of administrators, to be that member, representative, trustee or director. -- 7 of 11 -- Part 3—General election Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 7 Authorised by the Chief Parliamentary Counsel Part 3—General election 10 General election (1) Despite section 31(1) of the Local Government Act 1989, a general election of Councillors for the Greater Geelong City Council is to be held on the fourth Saturday in October 2017. (2) The Chief Executive Officer must summon a meeting of the Greater Geelong City Council within 14 days after the day the returning officer for the general election publicly declares the result of the general election. (3) The Order in Council expires when that meeting of the Greater Geelong City Council starts. -- 8 of 11 -- Part 4—Amendment of City of Greater Geelong Act 1993 Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 8 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of City of Greater Geelong Act 1993 11 Repeal of spent provisions (1) In section 3(1) of the City of Greater Geelong Act 1993, the definitions of Administrator and former Council are repealed. (2) Section 6 of the City of Greater Geelong Act 1993 is repealed. 12 Amendments relating to general election to be held in 2017 In the City of Greater Geelong Act 1993— (a) in the heading to section 8, for "2016" substitute "October 2017"; (b) in section 8(1), for "2016" substitute "October 2017"; (c) in section 9, for "2016" substitute "October 2017"; (d) in section 16, for "2016" substitute "October 2017". 13 Amendment of section 11A In section 11A(2)(d) and (3) of the City of Greater Geelong Act 1993 omit "serious misconduct or". -- 9 of 11 -- Part 5—Repeal Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 9 Authorised by the Chief Parliamentary Counsel Part 5—Repeal 14 Repeal of this Part and Part 4 This Part and Part 4 are repealed on the first anniversary of the day on which those Parts have come into operation. Note The repeal of this Part and Part 4 does not affect the continuing operation of the amendments made by Part 4 (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 10 of 11 -- Endnotes Local Government (Greater Geelong City Council) Act 2016 No. 14 of 2016 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: 12 April 2016 Legislative Council: 14 April 2016 The long title for the Bill for this Act was "A Bill for an Act to dismiss the Greater Geelong City Council and provide for a general election for that Council, to make related amendments to the City of Greater Geelong Act 1993 and for other purposes." -- 11 of 11 --