Local Government Amendment (Offences and Other Matters) Act 2009

i Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Principal Act 2 PART 2—AMENDMENT OF PENALTY LEVELS 3 4 Provisions relating to appointments and enrolments 3 5 Provision of voters' rolls 3 6 Offences relating to voters' rolls—penalty 3 7 Unlawful nomination 4 8 Interfering with rights 4 9 Printing and publication of electoral advertisements, handbills, pamphlets or notices 5 10 Misleading or deceptive matter 5 11 Heading to electoral advertisements 5 12 Authors to be identified 5 13 Distribution of printed electoral material 5 14 Offences relating to ballot-papers 6 15 Offence to interfere with postal ballot materials 6 16 Bribery, treating and undue influence 7 17 Infringement of secrecy 7 18 Penalty on officers 7 19 Return by candidate—penalty 7 20 Penalty for acting as Councillor if incapable 8 21 Misuse of position—penalty 8 22 Disclosure of conflict of interest 8 23 Requirements to be observed by an assembly of Councillors 8 24 Members of Council staff to disclose conflicts of interest in respect of delegated functions 8 25 Persons to disclose interests to Council when providing advice 9 26 Register of interests—penalty 9 27 Definitions—Amendment of section 81A 9 28 Access of Commissioner to places, documents etc. 10 29 Improper use of information 10 -- 1 of 26 -- Section Page ii 30 Offences relating to investigations 10 31 Authorised officers 10 32 Obstructing Council 10 33 False written declaration 10 34 Penalties 10 35 Regulations—repeal of general penalty 11 PART 3—MISCELLANEOUS AND TECHNICAL AMENDMENTS 12 36 Definitions 12 37 Offences relating to voters' rolls 13 38 Disqualifications 13 39 Governor in Council may give directions 13 40 Return by candidate 13 41 Certain gifts not to be accepted 14 42 New sections 66AA and 66AB inserted 14 66AA Order for return of allowances or entitlements 14 66AB Offences committed by person acting as Councillor 14 43 Definition—Amendment of section 76AA 15 44 General Councillor conduct principles 15 45 Misuse of position 15 46 Indirect interest because of receipt of an applicable gift 15 47 Certain situations where Councillor taken to not have a conflict of interest 16 48 Exemption by Minister 16 49 Register of interests 17 50 Voting 17 51 Repeal of section 97B 17 52 Power to make local laws 17 53 New section 111A inserted 18 111A Guidelines 18 54 Penalties 18 55 Procedure for making a local law 18 56 Availability of local laws 19 57 Rebates and concessions 19 58 Restriction on power to enter into contracts 19 59 Regional libraries 20 60 Conflicts of interest, ineligibility or unavailability of Councillor Conduct Panel members—Amendment of Schedule 5 20 61 Regulations—Amendment of Schedule 12 20 -- 2 of 26 -- Section Page iii PART 4—TECHNICAL AMENDMENTS TO CITY OF MELBOURNE ACT 2001 21 62 Application of certain provisions of the Local Government Act 1989 21 63 Establishment of the Docklands Co-ordination Committee 21 64 Orders to continue 21 PART 5—REPEAL OF AMENDING ACT 22 65 Repeal of amending Act 22 ═══════════════ ENDNOTES 23 -- 3 of 26 -- 1 Local Government Amendment (Offences and Other Matters) Act 2009 † No. 64 of 2009 [Assented to 17 November 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are to— (a) amend the Local Government Act 1989 to— (i) amend certain penalties for offences so that they are consistent with the Sentencing Act 1991; Victoria -- 4 of 26 -- Part 1—Preliminary Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 2 (ii) provide for the increase of certain penalties for offences to reflect current community expectations; (iii) enhance the operation of the Act; (b) amend the City of Melbourne Act 2001 to make certain technical amendments. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 September 2010, it comes into operation on that day. 3 Principal Act In this Act, the Local Government Act 1989 is called the Principal Act. __________________ s. 2 See: Act No. 11/1989. Reprint No. 10 as at 2 April 2009. LawToday: www. legislation. vic.gov.au -- 5 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 3 PART 2—AMENDMENT OF PENALTY LEVELS 4 Provisions relating to appointments and enrolments Section 17(5) of the Principal Act is repealed. 5 Provision of voters' rolls (1) For the penalty at the foot of section 24C(3) of the Principal Act substitute— "Penalty: 120 penalty units.". (2) For the penalty at the foot of section 24C(11) of the Principal Act substitute— "Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units.". 6 Offences relating to voters' rolls—penalty (1) In section 27(1) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 120 penalty units". (2) The penalty at the foot of section 27(1) of the Principal Act is repealed. (3) In section 27(2) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 120 penalty units". (4) The penalty at the foot of section 27(2) of the Principal Act is repealed. (5) For section 27(3) of the Principal Act substitute— "(3) A person who intentionally gives to the Chief Executive Officer, or a person authorised by the Chief Executive Officer, false or misleading information in relation to— s. 4 -- 6 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 4 (a) the entitlement of a person to be enrolled on a voters' roll; or (b) a person's enrolment details on or for use on a voters' roll— is guilty of an offence and liable to a fine not exceeding 120 penalty units.". 7 Unlawful nomination (1) In section 52(1) of the Principal Act, after "an offence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units". (2) The penalty at the foot of section 52(1) of the Principal Act is repealed. (3) In section 52(2) of the Principal Act, after "an offence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units". (4) The penalty at the foot of section 52(2) of the Principal Act is repealed. 8 Interfering with rights (1) For the penalty at the foot of section 54(1) of the Principal Act substitute— "Penalty: 120 penalty units or imprisonment for 1 year.". (2) For section 54(5) of the Principal Act substitute— "(5) A person must not interfere with or attempt to interfere with a voter when the voter is marking his or her ballot-paper. Penalty: 120 penalty units or imprisonment for 1 year.". s. 7 -- 7 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 5 9 Printing and publication of electoral advertisements, handbills, pamphlets or notices In the penalty at the foot of section 55(1) of the Principal Act, for "20 penalty units" substitute "50 penalty units". 10 Misleading or deceptive matter (1) For the penalty at the foot of section 55A(1) of the Principal Act substitute— "Penalty: In the case of a natural person, 60 penalty units or imprisonment for 6 months; In the case of a body corporate, 300 penalty units.". (2) For the penalty at the foot of section 55A(2) of the Principal Act substitute— "Penalty: In the case of a natural person, 60 penalty units or imprisonment for 6 months; In the case of a body corporate, 300 penalty units.". 11 Heading to electoral advertisements In the penalty at the foot of section 55B of the Principal Act, for "20 penalty units" substitute "50 penalty units". 12 Authors to be identified In the penalty at the foot of section 55C(1) of the Principal Act, for "20 penalty units" substitute "50 penalty units". 13 Distribution of printed electoral material (1) For the penalty at the foot of section 56(1) of the Principal Act substitute— "Penalty: 60 penalty units.". s. 9 -- 8 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 6 (2) For the penalty at the foot of section 56(2) of the Principal Act substitute— "Penalty: 60 penalty units.". 14 Offences relating to ballot-papers (1) Section 58(1) of the Principal Act is repealed. (2) In section 58(2) of the Principal Act, after "an offence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units". (3) The penalty at the foot of section 58(2) of the Principal Act is repealed. (4) In section 58(3) of the Principal Act, after "an offence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units". (5) The penalty at the foot of section 58(3) of the Principal Act is repealed. (6) In section 58(4) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 10 penalty units". (7) The penalty at the foot of section 58(4) of the Principal Act is repealed. (8) In section 58(5) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 10 penalty units". (9) The penalty at the foot of section 58(5) of the Principal Act is repealed. 15 Offence to interfere with postal ballot materials For the penalty at the foot of section 58A(1) of the Principal Act substitute— "Penalty: 240 penalty units or imprisonment for 2 years.". s. 14 -- 9 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 7 16 Bribery, treating and undue influence (1) For the penalty at the foot of section 59(1) of the Principal Act substitute— "Penalty: 600 penalty units or imprisonment for 5 years.". (2) For the penalty at the foot of section 59(2) of the Principal Act substitute— "Penalty: 600 penalty units or imprisonment for 5 years.". 17 Infringement of secrecy (1) For the penalty at the foot of section 60(2) of the Principal Act substitute— "Penalty: 120 penalty units or imprisonment for 1 year.". (2) Section 60(3)(a) of the Principal Act is repealed. (3) For the penalty at the foot of section 60(3) of the Principal Act substitute— "Penalty: 120 penalty units or imprisonment for 1 year.". (4) Section 60(4) of the Principal Act is repealed. 18 Penalty on officers (1) In section 61 of the Principal Act, after "an offence" insert "and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 60 penalty units". (2) The penalty at the foot of section 61 of the Principal Act is repealed. 19 Return by candidate—penalty (1) In section 62(7) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 60 penalty units". s. 16 -- 10 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 8 (2) The penalty at the foot of section 62(7) of the Principal Act is repealed. 20 Penalty for acting as Councillor if incapable (1) In section 66 of the Principal Act, after "an offence" insert "and liable to a term of imprisonment not exceeding 1 year or to a fine not exceeding 120 penalty units". (2) The penalty at the foot of section 66 of the Principal Act is repealed. 21 Misuse of position—penalty For the penalty at the foot of section 76D(1) of the Principal Act substitute— "Penalty: 600 penalty units or imprisonment for 5 years or both.". 22 Disclosure of conflict of interest (1) In section 79(9) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 120 penalty units". (2) The penalty at the foot of section 79(9) of the Principal Act is repealed. 23 Requirements to be observed by an assembly of Councillors For the penalty at the foot of section 80A(3) of the Principal Act substitute— "Penalty: 120 penalty units.". 24 Members of Council staff to disclose conflicts of interest in respect of delegated functions For the penalty at the foot of section 80B(2) of the Principal Act substitute— "Penalty: 120 penalty units.". s. 20 -- 11 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 9 25 Persons to disclose interests to Council when providing advice For the penalty at the foot of section 80C(2) of the Principal Act substitute— "Penalty: 60 penalty units.". 26 Register of interests—penalty (1) For the penalty at the foot of section 81(2) of the Principal Act substitute— "Penalty: 60 penalty units.". (2) For the penalty at the foot of section 81(4) of the Principal Act substitute— "Penalty: 60 penalty units.". (3) For the penalty at the foot of section 81(5) of the Principal Act substitute— "Penalty: 60 penalty units.". (4) For the penalty at the foot of section 81(6) of the Principal Act substitute— "Penalty: 60 penalty units.". (5) For the penalty at the foot of section 81(7) of the Principal Act substitute— "Penalty: 60 penalty units.". (6) For the penalty at the foot of section 81(14) of the Principal Act substitute— "Penalty: 60 penalty units.". 27 Definitions—Amendment of section 81A In section 81A of the Principal Act, in paragraph (a)(ii) of the definition of gross misconduct, for "10 penalty units" substitute "60 penalty units". s. 25 -- 12 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 10 28 Access of Commissioner to places, documents etc. For the penalty at the foot of section 213(4) of the Principal Act substitute— "Penalty: 60 penalty units.". 29 Improper use of information For the penalty at the foot of section 220E of the Principal Act substitute— "Penalty: 120 penalty units.". 30 Offences relating to investigations For the penalty at the foot of section 223C(1) of the Principal Act substitute— "Penalty: 240 penalty units or imprisonment for 2 years or both.". 31 Authorised officers (1) In section 224(8) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 60 penalty units". (2) The penalty at the foot of section 224(8) of the Principal Act is repealed. 32 Obstructing Council (1) In section 238 of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 60 penalty units". (2) The penalty at the foot of section 238 of the Principal Act is repealed. 33 False written declaration For the penalty at the foot of section 238A of the Principal Act substitute— "Penalty: 120 penalty units.". 34 Penalties Section 240(1) of the Principal Act is repealed. s. 28 -- 13 of 26 -- Part 2—Amendment of Penalty Levels Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 11 35 Regulations—repeal of general penalty In section 243(3)(h) of the Principal Act omit "or 6 months imprisonment". __________________ s. 35 -- 14 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 12 PART 3—MISCELLANEOUS AND TECHNICAL AMENDMENTS 36 Definitions (1) Insert the following definitions in section 3(1) of the Principal Act— "Council staff means the persons who are members of Council staff; gift disclosure threshold means $200 or a higher amount or value prescribed by the regulations; member of Council staff means a natural person who is employed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) to enable— (a) the functions of the Council under this Act or any other Act to be carried out; (b) the Chief Executive Officer to carry out his or her functions; Note The Chief Executive Officer is also a member of Council staff—see section 94(2).". (2) In section 3(1) of the Principal Act, at the foot of the definition of public notice insert— "Note See also section 82A(2) which requires any public notice to be given by the Council to be published on the Internet website of the Council.". (3) In section 3(1) of the Principal Act, in paragraph (b) of the definition of senior officer, for "any officer" substitute "a member of Council Staff". s. 36 -- 15 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 13 37 Offences relating to voters' rolls In section 27(1) of the Principal Act, after "Council staff" insert "or any person employed or contracted to perform a function under this Division". 38 Disqualifications In section 29(2) of the Principal Act— (a) in paragraph (a), after "section" insert "66,"; (b) in paragraph (ab), after "section" insert "52(1), 52(2), 54(1),"; (c) in paragraph (ab), after "55A(1)," insert "55A(2),"; (d) in paragraph (ab), omit "56A,"; (e) in paragraph (ab), omit "58(1),". 39 Governor in Council may give directions In section 43(1) of the Principal Act— (a) for paragraph (e), substitute— "(e) give directions in connection with any election or poll to— (i) any Council or any member of Council staff; or (ii) any other public body or any officer of a public body; and"; (b) in paragraph (f), for "or an officer of any Council or other" substitute ", member of Council staff or an officer of any other". 40 Return by candidate (1) In section 62(2)(b) of the Principal Act, for "$200" (wherever occurring) substitute "the gift disclosure threshold". s. 37 -- 16 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 14 (2) After section 62(7) of the Principal Act insert— "(7A) If a person is found guilty or convicted of an offence under subsection (7), a court may make an order that the offender give a return under subsection (1) that is not false or misleading in a material particular.". 41 Certain gifts not to be accepted In section 62B of the Principal Act, for "$200" (wherever occurring) substitute "the gift disclosure threshold". 42 New sections 66AA and 66AB inserted After section 66 of the Principal Act insert— "66AA Order for return of allowances or entitlements If a person is found guilty or convicted of an offence under section 66, the court may order that the person return to the Council any allowances, reimbursements, equipment or materials the person received as a result of acting as Councillor for the period that the person acted as Councillor while incapable of being or continuing to be a Councillor. 66AB Offences committed by person acting as Councillor A person who acts as a Councillor while incapable of being or continuing to be a Councillor, other than because of unsound mind, and who engages in conduct that would constitute an offence under this Act if that person were a Councillor, is guilty of that offence as if he or she were a Councillor.". s. 41 -- 17 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 15 43 Definition—Amendment of section 76AA Insert the following definition in section 76AA of the Principal Act— "not-for-profit organisation means a body or organisation that— (a) operates exclusively for charitable, civil or other social purposes; and (b) does not share or allocate the funds or profits of the body or organisation with the owners, shareholders or executives of the body or organisation;". 44 General Councillor conduct principles In section 76BA(c) of the Principal Act, for "council officers" substitute "Council staff". 45 Misuse of position In section 76D(2) of the Principal Act— (a) in paragraph (e), for "unauthorised." substitute "unauthorised; or"; (b) after paragraph (e) insert— "(f) failing to disclose a conflict of interest as required under this Division.". 46 Indirect interest because of receipt of an applicable gift For section 78C(1) of the Principal Act substitute— "(1) In this section, applicable gift means one or more gifts with a total value of, or more than, the gift disclosure threshold, received from a person or persons specified in subsection (2) in the 5 years preceding the decision or the exercise of the power, duty or function but does not include reasonable hospitality provided to a Mayor, Councillor or member s. 43 -- 18 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 16 of Council staff by a not-for-profit organisation at any function or event that— (a) is conducted during those 5 years; and (b) is attended by the Mayor, Councillor or member of Council staff in an official capacity.". 47 Certain situations where Councillor taken to not have a conflict of interest In section 79C(1) of the Principal Act— (a) after "the matter" insert "only"; (b) in paragraph (i), for "legislation." substitute "legislation;"; (c) after paragraph (i), insert— "(j) the conduct of a Councillor with respect to— (i) an internal dispute that involves the Councillor; (ii) an allegation of misconduct or serious misconduct (as defined in section 81A) by the Councillor.". 48 Exemption by Minister After the heading to section 80 of the Principal Act insert— "(1AA) Despite section 79, the Minister may, of his or her own motion, exempt in writing a person, other than a Councillor, from any or all of the provisions of section 79 for an unlimited or specified period, subject to any conditions the Minister thinks fit if the Minister is satisfied that— s. 47 -- 19 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 17 (a) extraordinary circumstances exist that justify the exemption of the person; and (b) it is in the public interest to exempt the person. (1AB) In exempting a person under subsection (1AA), the Minister must have regard to the extent of the conflict of interest of the person.". 49 Register of interests (1) In section 81(7)(e) of the Principal Act, for "$200" substitute "the gift disclosure threshold". (2) In section 81(13B) of the Principal Act, after "member of" insert "a". (3) In section 81(14) of the Principal Act, for "person employed by the Council" substitute "member of Council staff". 50 Voting In section 90(2) of the Principal Act, for "87(3), 88(3) or 88(4)," substitute "87(3) or 87(4),". 51 Repeal of section 97B Section 97B of the Principal Act is repealed. 52 Power to make local laws After section 111(4) of the Principal Act insert— "(5) A Council must have regard to any guidelines made by the Minister under section 111A when making local laws. (6) A Council must comply with any prescribed details relating to the preparation and content of local laws when making local laws.". s. 49 -- 20 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 18 53 New section 111A inserted After section 111 of the Principal Act insert— "111A Guidelines (1) The Minister may make guidelines for or with respect to— (a) the preparation, content and format of local laws; and (b) the details to be set out in any explanatory documents prepared in relation to proposed local laws. (2) The Minister must cause the guidelines to be published in the Government Gazette. (3) The guidelines take effect on the date of publication in the Government Gazette or such later date as is specified in the guidelines. (4) A Council may disregard any guidelines that are inconsistent with the Regulations.". 54 Penalties In section 115(1)(b) of the Principal Act, after "day after" insert "a finding of guilt or". 55 Procedure for making a local law (1) In section 119(2)(b) of the Principal Act, after "local law" insert "and any explanatory document". s. 53 -- 21 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 19 (2) After section 119(2) of the Principal Act insert— "(2A) The Council must ensure that— (a) a copy of the proposed local law; and (b) an explanatory document setting out prescribed details in relation to the local law— is available for inspection at, and obtainable from, the Council office during ordinary business hours.". 56 Availability of local laws At the foot of section 120(2) of the Principal Act insert— "Note See also the publication requirements under section 82A(2)(b).". 57 Rebates and concessions (1) In section 169(1B) of the Principal Act, for "A Council" substitute "Unless subsection (1D) applies, a Council". (2) After section 169(1C) of the Principal Act insert— "(1D) Without limiting subsection (1), a Council may grant a rebate or concession in relation to any rate or charge, to support the provision of affordable housing, to a registered agency.". (3) After section 169(2) of the Principal Act insert— "(3) In this section, registered agency has the same meaning as it has in section 4(1) of the Housing Act 1983.". 58 Restriction on power to enter into contracts In section 186(5A)(c) of the Principal Act, after "in respect" insert "of". s. 56 -- 22 of 26 -- Part 3—Miscellaneous and Technical Amendments Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 20 59 Regional libraries (1) In section 196(7)(a) of the Principal Act, after "81" insert "(except section 75C)". (2) In section 196(7A) of the Principal Act— (a) after "81" insert "(except section 75C)"; (b) after "Councillor" (wherever occurring) insert "or a member of Council staff". 60 Conflicts of interest, ineligibility or unavailability of Councillor Conduct Panel members—Amendment of Schedule 5 In clause 10(1)(a) of Schedule 5 to the Principal Act, for "employee" substitute "member of Council staff". 61 Regulations—Amendment of Schedule 12 After clause 17 of Schedule 12 to the Principal Act insert— "17A Prescribing details with respect to the preparation and content of local laws.". __________________ s. 59 -- 23 of 26 -- Part 4—Technical Amendments to City of Melbourne Act 2001 Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 21 PART 4—TECHNICAL AMENDMENTS TO CITY OF MELBOURNE ACT 2001 62 Application of certain provisions of the Local Government Act 1989 In section 5(1) of the City of Melbourne Act 2001, for "(m), (n), (na) and (nb)" substitute "(m) and (n)". 63 Establishment of the Docklands Co-ordination Committee In section 27B(3) of the City of Melbourne Act 2001, for "88(3), 88(4), 88(7)," substitute "87(2), 87(3), 87(4), 87(8),". 64 Orders to continue Section 32(2) of the City of Melbourne Act 2001 is repealed. __________________ s. 62 See: Act No. 5/2001. Reprint No. 1 as at 1 July 2007 and amending Act Nos 35/2008 and 67/2008. LawToday: www. legislation. vic.gov.au -- 24 of 26 -- Part 5—Repeal of Amending Act Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 22 PART 5—REPEAL OF AMENDING ACT 65 Repeal of amending Act This Act is repealed on 1 September 2011. 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. 65 -- 25 of 26 -- Local Government Amendment (Offences and Other Matters) Act 2009 No. 64 of 2009 23 ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 August 2009 Legislative Council: 17 September 2009 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 and for other purposes." Endnotes -- 26 of 26 --