Local Government (Further Amendment) Act 2005

i Local Government (Further Amendment) Act 2005 Act No. 53/2005 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Construction of Act 2 4. Definitions 2 5. Dismissal of Council 2 6. General election 3 7. Entitlement date 3 8. Certain provisions not to apply 3 9. Record of persons who appear to be entitled to vote 3 10. Voters' roll 4 11. Validity of voters' roll not to be affected 4 12. Meeting of the Glen Eira City Council 5 13. Expiry of Order in Council 5 14. Amendment of Local Government Act 1989 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Local Government (Further Amendment) Act 2005 † [Assented to 13 September 2005] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to— (a) dismiss the Glen Eira City Council; (b) provide for the expiry of the Order in Council that applies to that Council; (c) provide for a general election for the Glen Eira City Council; (d) amend section 219 of the Local Government Act 1989. Victoria No. 53 of 2005 -- 2 of 7 -- Act No. 53/2005 Local Government (Further Amendment) Act 2005 2 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3. Construction of Act This Act must be read and construed as if it formed part of the Local Government Act 1989. 4. Definitions In this Act— "general election" means the general election to be held under section 6; "Order in Council" means the Order in Council made by the Governor in Council in relation to the Glen Eira City Council under section 219 of the Local Government Act 1989 that was published in the Government Gazette (No. S 149) on 11 August 2005, and includes any subsequent Order in Council that is made under section 219(2)(c) or 219(2)(d) of that Act. 5. Dismissal of Council (1) The Glen Eira City Council is dismissed. (2) The persons holding office as Councillors of the Glen Eira City Council cease to hold office. (3) Nothing in this Act affects the continuity of the Glen Eira City Council as constituted under section 219(3) of the Local Government Act 1989 by the administrator appointed under the Order in Council. s. 2 -- 3 of 7 -- Act No. 53/2005 Local Government (Further Amendment) Act 2005 3 6. General election (1) A general election for the Glen Eira City Council is to be held on 26 November 2005. (2) The general election held under sub-section (1) has effect as if it were a general election held in accordance with section 31(2) of the Local Government Act 1989. 7. Entitlement date Despite anything to the contrary, the entitlement date in respect of the general election is 7 October 2005. 8. Certain provisions not to apply Sections 21, 22, 23 and 23A of the Local Government Act 1989 do not apply in respect of the general election. 9. Record of persons who appear to be entitled to vote (1) The Registrar must prepare a record of the persons who appear to be entitled to vote in the general election and ensure that the record is available for inspection by members of the public at the Council office of the Glen Eira City Council for the period commencing 9 a.m. on 3 October 2005 and ending at 4 p.m. on 7 October 2005. (2) The record prepared under sub-section (1) must contain the prescribed particulars of persons which are prescribed by regulations made under the Local Government Act 1989 for the purposes of section 24 of that Act. (3) A person may within the period specified in sub- section (1) object in writing to the Registrar on the ground that the record contains— (a) an omission, error, misnomer or inaccurate description of any person, place or thing; or (b) the name of a person who has died; or s. 6 -- 4 of 7 -- Act No. 53/2005 Local Government (Further Amendment) Act 2005 4 (c) the name of a person who is no longer entitled to be enrolled as an elector for the Council or Assembly by virtue of section 48(2)(d) of the Constitution Act 1975. 10. Voters' roll (1) Section 24 of the Local Government Act 1989 applies in respect of the voters' roll for the general election with the modifications specified in this section. (2) As if for section 24(2) there were substituted— "(2) The Registrar must compile a voters' roll containing the prescribed particulars of persons entitled to be enrolled as at the close of the roll.". (3) As if for section 24(4) there were substituted— "(4) The Victorian Electoral Commission must provide to the Registrar not later than 3 days after the close of the roll a record in a form specified by the Registrar of persons entitled to be enrolled under section 12 as at the close of the roll.". (4) As if for section 24(5) there were substituted— "(5) The Chief Executive Officer must provide to the Registrar not later than 3 days after the close of the roll a record in a form specified by the Registrar of persons entitled to be enrolled under section 13, 14, 15 or 16 as at the close of the roll.". 11. Validity of voters' roll not to be affected Without limiting section 25 of the Local Government Act 1989, the validity of the voters' roll is not affected by any action or inaction of the administrator appointed under the Order in Council. s. 10 -- 5 of 7 -- Act No. 53/2005 Local Government (Further Amendment) Act 2005 5 12. Meeting of the Glen Eira City Council The Chief Executive Officer must summon a meeting of the Glen Eira City Council within 14 days after the day the returning officer publicly declares the result of the election. 13. Expiry of Order in Council (1) Despite anything to the contrary in section 219(7) of the Local Government Act 1989, the Order in Council expires when the meeting of the Glen Eira City Council under section 12 starts. (2) Sections 219(9) to 219(12) of the Local Government Act 1989 do not apply in respect of the expiry of the Order in Council. 14. Amendment of Local Government Act 1989 For section 219(7) of the Local Government Act 1989 substitute— "(7) The Order in Council under sub-section (2) expires— (a) unless paragraph (b) applies, 1 year after the date of its publication; or (b) on the date specified in the Order in Council being a date which is less than 1 year after the date of its publication.". ═══════════════ s. 12 See: Act No. 11/1989. Reprint No. 8 as at 28 July 2005 and amending Act Nos 92/1990 and 18/2005. LawToday: www.dms. dpc.vic. gov.au -- 6 of 7 -- Act No. 53/2005 Local Government (Further Amendment) Act 2005 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 17 August 2005 Legislative Council: 7 September 2005 The long title for the Bill for this Act was "to dismiss the Glen Eira City Council and provide for a general election for that Council, to amend the Local Government Act 1989 and for other purposes." Endnotes -- 7 of 7 --