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Local Government (Restoration of Local Democracy to Melton) Act 2000

Legislation · Victoria · 2020
i Local Government (Restoration of Local Democracy to Melton) Act 2000 Act No. 55/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. New Division 3 of Part 12 substituted 2 Division 3—Elections 2 248. General election to be held 2 249. Meeting to be called after election 2 250. Commissioners to go out of office 2 251. Future elections 2 4. Conduct of elections 3 5. Repeal of spent Division 3 6. Revocation of spent order 3 7. Repeal of spent Act 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 Local Government (Restoration of Local Democracy to Melton) Act 2000† [Assented to 31 October 2000] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Local Government Act 1989 to provide for the holding of a general election of Councillors for the Melton Shire Council on 13 October 2001. 2. Commencement (1) This Act (other than sections 5, 6 and 7) comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 55 of 2000 -- 2 of 5 -- Act No. 55/2000 Local Government (Restoration of Local Democracy to Melton) Act 2000 2 (2) Sections 5, 6 and 7 come into operation when the meeting required by section 249 of the Local Government Act 1989 (as inserted by section 3) starts. 3. New Division 3 of Part 12 substituted For Divisions 3, 4 and 5 of Part 12 of the Local Government Act 1989 substitute— "Division 3—Elections 248. General election to be held (1) A general election of Councillors for the Council must be held on 13 October 2001. (2) The Council is deemed to have decided to hold triennial elections and to have complied with section 35(2). (3) The costs of the election are to be borne by the Council. 249. Meeting to be called after election The Chief Executive Officer must summon a meeting of the Council within 14 days after the day the returning officer for the election publicly declares the result of the election. 250. Commissioners to go out of office The Commissioners go out of office when the meeting of the Council required by section 249 starts. 251. Future elections Section 36(2) applies as if the election required by section 248 had been held under section 36(1).". s. 3 -- 3 of 5 -- Act No. 55/2000 Local Government (Restoration of Local Democracy to Melton) Act 2000 3 4. Conduct of elections In section 247(3) of the Local Government Act 1989— (a) in paragraph (h), after "any reference" insert "(other than in Division 3)"; (b) after paragraph (h) insert— "(i) section 248(2) is to be read as if the reference to Division 5 of Part 3 in paragraph (a) of this sub-section did not exist.". 5. Repeal of spent Division Division 2 of Part 12 of the Local Government Act 1989 is repealed. 6. Revocation of spent order The Order in Council "Appointment of Commissioners to Melton Shire and Amendment of Previous Order" dated 23 March 1999 and published in the Government Gazette on 25 March 1999 is revoked. 7. Repeal of spent Act The Local Government (Governance and Melton) Act 1998 is repealed. ═══════════════ s. 4 -- 4 of 5 -- Act No. 55/2000 Local Government (Restoration of Local Democracy to Melton) Act 2000 4 ENDNOTES † Minister's second reading speech— Legislative Council: 6 September 2000 Legislative Assembly: 5 October 2000 The long title for the Bill for this Act was "to amend the Local Government Act 1989 to provide for a general election of Councillors for the Melton Shire Council on 13 October 2001 and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Council: 3 October 2000 Legislative Assembly: 25 October 2000 Endnotes -- 5 of 5 --