Local Government (Brimbank City Council) Act 2009

i Local Government (Brimbank City Council) Act 2009 No. 65 of 2009 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Construction of Act 2 4 Definitions 2 5 Dismissal of Brimbank City Council 2 6 Subsequent Order in Council 3 7 Provisions applying in respect of panel of administrators appointed under section 6 3 8 Effect of Subsequent Order in Council 5 9 Construction of provisions in any Act or document 5 10 General election 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Local Government (Brimbank City Council) Act 2009 † No. 65 of 2009 [Assented to 17 November 2009] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to— (a) dismiss the Brimbank City Council; (b) provide for the appointment of a panel of administrators for the Brimbank City Council; (c) provide for the revocation of the Original Order in Council that applies to the Brimbank City Council; Victoria -- 2 of 8 -- Local Government (Brimbank City Council) Act 2009 No. 65 of 2009 2 (d) provide for the expiry of the Subsequent Order in Council; (e) provide for a general election for the Brimbank City Council. 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. 4 Definitions In this Act— Original Order in Council means the Order in Council made by the Governor in Council in relation to the Brimbank City Council under section 219 that was published in the Government Gazette (No. S 323) on 17 September 2009; Subsequent 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. 5 Dismissal of Brimbank City Council (1) The Brimbank City Council is dismissed. (2) The persons holding office as Councillors of the Brimbank City Council cease to hold office. (3) Nothing in this Act affects the continuity of the Brimbank City Council as constituted— (a) under section 219(3) by the administrator appointed under the Original Order in Council; or s. 2 -- 3 of 8 -- Local Government (Brimbank City Council) Act 2009 No. 65 of 2009 3 (b) under this Act by the panel of administrators appointed under the Subsequent Order in Council. 6 Subsequent 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 a panel of administrators for the Brimbank City Council; (b) 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 panel of administrators appointed under section 6 The following provisions apply in respect of the appointment of the panel of administrators of the Brimbank City Council under section 6 of this Act— (a) the panel of administrators constitutes the Brimbank City Council and subject to any conditions of the administrators' appointments, must perform all the functions, powers and duties of the Brimbank City Council, which must be treated as if they were performed by the Brimbank City Council; s. 6 -- 4 of 8 -- Local Government (Brimbank City Council) Act 2009 No. 65 of 2009 4 (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 Brimbank City Council, which must be treated as if they were performed by a Councillor of the Brimbank City Council; (c) subject to any conditions of the administrator's appointment, the Chairperson of the panel of administrators must perform all the functions, powers and duties of the Mayor of the Brimbank City Council, which must be treated as if they were performed by the Mayor of the Brimbank 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 Brimbank City Council; (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; s. 7 -- 5 of 8 -- Local Government (Brimbank City Council) Act 2009 No. 65 of 2009 5 (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 Subsequent Order in Council (1) The first Order in Council made under section 6 of this Act takes effect on the date specified in the Order in Council. (2) The Original Order in Council is revoked immediately before the first Order in Council takes effect. 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 or a Councillor of the Brimbank City Council or the Chairperson or a member of a committee of the Brimbank 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 Subsequent Order in Council is in force as if it provided for an administrator, or some other person appointed by the panel of administrators, to be that member, representative, trustee or director. s. 8 -- 6 of 8 -- Local Government (Brimbank City Council) Act 2009 No. 65 of 2009 6 10 General election (1) A general election for the Brimbank City Council is to be held under section 31(1) on the last Saturday in November 2012. (2) The Chief Executive Officer must summon a meeting of the Brimbank 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 Subsequent Order in Council expires when that meeting of the Brimbank City Council starts. ═══════════════ s. 10 -- 7 of 8 -- Local Government (Brimbank City Council) Act 2009 No. 65 of 2009 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 October 2009 Legislative Council: 15 October 2009 The long title for the Bill for this Act was "A Bill for an Act to dismiss the Brimbank City Council and provide for a general election for that Council and for other purposes." Endnotes -- 8 of 8 --