Local Government Amendment (Electoral Matters) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—LOCAL GOVERNMENT ACT 1989 3 3 Section 31 substituted—General elections 3 31 General elections 3 4 Amendment of section 62—Return by candidate 4 5 Amendment of section 62A—Responsibilities of Chief Executive Officer 4 6 Amendment of section 71—Election of Mayor 4 7 Amendment of section 74—Councillor and Mayoral Allowances 5 8 Amendment of section 219F—Conduct of review 5 PART 3—CITY OF MELBOURNE ACT 2001 6 9 Amendment of section 5—Application of certain provisions of the Local Government Act 1989 6 10 New Part 5A inserted—Electoral representation reviews and subdivision reviews 6 PART 5A—ELECTORAL REPRESENTATION REVIEWS AND SUBDIVISION REVIEWS 6 28A Application of Divisions 2, 3 and 4 of Part 10 of the Local Government Act 1989 6 28B Purpose of review 6 28C Conduct of review 7 28D Implementation of review 7 28E Implementation of subdivision review 7 -- 1 of 11 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—GENERAL 8 11 Consequential amendment 8 12 Repeal of amending Act 8 ═══════════════ ENDNOTES 9 -- 2 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Local Government Amendment (Electoral Matters) Act 2011 † No. 44 of 2011 [Assented to 6 September 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to— (a) amend the Local Government Act 1989 to provide for general elections under that Act to be held on the fourth Saturday in October every 4 years beginning from the fourth Saturday in October 2012; Victoria -- 3 of 11 -- Part 1—Preliminary Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 2 Authorised by the Chief Parliamentary Counsel (b) amend the City of Melbourne Act 2001 to provide for regular reviews of electoral representation by Councillors of the Melbourne City Council other than the Lord Mayor and the Deputy Lord Mayor; (c) consequentially amend the Local Government (Brimbank City Council) Act 2009 to provide for the general election of the Brimbank City Council to be held on the fourth Saturday in October 2012. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision referred to in subsection (1) does not come into operation before 1 January 2012, it comes into operation on that day. __________________ s. 2 -- 4 of 11 -- Part 2—Local Government Act 1989 Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—LOCAL GOVERNMENT ACT 1989 3 Section 31 substituted—General elections For section 31 of the Local Government Act 1989 substitute— "31 General elections (1) Subject to this Division, a general election of Councillors for all Councils must be held on the fourth Saturday in October 2012 and thereafter on the fourth Saturday in October in the fourth year after the last general election of Councillors for all Councils was held. (2) Despite subsection (1), if the Minister has made a recommendation to the Governor in Council in accordance with subsection (3), the Governor in Council may by Order in Council change the election day under subsection (1) in respect of all Councils or in respect of one or more Councils specified in the Order in Council to another Saturday as nearest as possible to that election day having regard to the need to ensure that the election is conducted in a participatory and secure manner. (3) Subject to subsection (5), the Minister may make a recommendation if the Minister is satisfied that an event or circumstance could adversely affect the conduct of the general election for all Councils or for one or more Councils if the general election were to be held on that day. (4) Without limiting the generality of subsection (3), an event or circumstance that could adversely affect the conduct of the general election includes— s. 3 See: Act No. 11/1989. Reprint No. 10 as at 2 April 2009 and amending Act Nos 53/2009, 64/2009, 66/2009, 68/2009, 69/2009, 94/2009, 6/2010, 16/2010 and 58/2010. LawToday: www. legislation. vic.gov.au -- 5 of 11 -- Part 2—Local Government Act 1989 Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 4 Authorised by the Chief Parliamentary Counsel (a) a general election is to be held under the Constitution Act 1975; (b) a general election for the House of Representatives or an election for the Senate, of the Commonwealth Parliament, is to be held; (c) school holidays; (d) a natural disaster; (e) the declaration of a state of disaster under section 23 of the Emergency Management Act 1986. (5) The Minister cannot make a recommendation for an Order in Council to be made under subsection (2) after the day on which nominations for the general election close under clause 3(2) of Schedule 2.". 4 Amendment of section 62—Return by candidate In section 62(1) of the Local Government Act 1989 for "60" substitute "40". 5 Amendment of section 62A—Responsibilities of Chief Executive Officer In section 62A(1) of the Local Government Act 1989 for "28" substitute "14". 6 Amendment of section 71—Election of Mayor In sections 71(3)(a) and (ab) of the Local Government Act 1989 for "last Saturday in November but not later than 31 December" substitute "fourth Saturday in October but not later than 30 November". s. 4 -- 6 of 11 -- Part 2—Local Government Act 1989 Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 5 Authorised by the Chief Parliamentary Counsel 7 Amendment of section 74—Councillor and Mayoral Allowances In section 74(1) of the Local Government Act 1989 for "7 months after a general election" substitute "6 months after a general election or by the next 30 June, whichever is later". 8 Amendment of section 219F—Conduct of review (1) In section 219F(10) of the Local Government Act 1989 for "The" substitute "Subject to subsection (10A), the". (2) After section 219F(10) of the Local Government Act 1989 insert— "(10A) In respect of a review which is to be implemented for the 2012 general election, the reviewer must, not later than 5 months before the 2012 general election, submit a copy of the final report to the Council and the Minister.". __________________ s. 7 -- 7 of 11 -- Part 3—City of Melbourne Act 2001 Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 6 Authorised by the Chief Parliamentary Counsel PART 3—CITY OF MELBOURNE ACT 2001 9 Amendment of section 5—Application of certain provisions of the Local Government Act 1989 For section 5(5) of the City of Melbourne Act 2001 substitute— "(5) Divisions 2, 3 and 4 of Part 10 of the Local Government Act 1989 only apply to the Council and the City of Melbourne as specified in Part 5A.". 10 New Part 5A inserted—Electoral representation reviews and subdivision reviews After Part 5 of the City of Melbourne Act 2001 insert— 'PART 5A—ELECTORAL REPRESENTATION REVIEWS AND SUBDIVISION REVIEWS 28A Application of Divisions 2, 3 and 4 of Part 10 of the Local Government Act 1989 Divisions 2, 3 and 4 of Part 10 of the Local Government Act 1989 apply to the Council and the City of Melbourne subject to the modifications specified in this Part. 28B Purpose of review Section 219A of the Local Government Act 1989 applies as if for "all Councils" there were substituted "all Councillors of the Melbourne City Council other than the Lord Mayor and Deputy Lord Mayor". See: Act No. 5/2001. Reprint No. 1 as at 1 July 2007 and amending Act Nos 35/2008, 67/2008, 64/2009, 58/2010 and 65/2010. LawToday: www. legislation. vic.gov.au s. 9 -- 8 of 11 -- Part 3—City of Melbourne Act 2001 Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 7 Authorised by the Chief Parliamentary Counsel 28C Conduct of review Section 219F of the Local Government Act 1989 applies as if there were inserted after subsection (2) the following subsection— "(2A) The Minister may by notice in writing require the reviewer to consider any matters specified in the notice in the conduct of the review and the making of recommendations.". 28D Implementation of review Section 219G of the Local Government Act 1989 does not apply. 28E Implementation of subdivision review Section 219O of the Local Government Act 1989 does not apply. __________________'. __________________ s. 10 -- 9 of 11 -- Part 4—General Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 8 Authorised by the Chief Parliamentary Counsel PART 4—GENERAL 11 Consequential amendment In section 10(1) of the Local Government (Brimbank City Council) Act 2009 for "last Saturday in November 2012" substitute "fourth Saturday in October 2012". 12 Repeal of amending Act This Act is repealed on the first anniversary of the day on which it receives the Royal Assent. 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). ═══════════════ s. 11 -- 10 of 11 -- Local Government Amendment (Electoral Matters) Act 2011 No. 44 of 2011 9 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 June 2011 Legislative Council: 18 August 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Local Government Act 1989 and the City of Melbourne Act 2001, to consequentially amend the Local Government (Brimbank City Council) Act 2009 and for other purposes." Endnotes -- 11 of 11 --