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This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT (FURTHER AMENDMENT) BILL 1997

                    PARLIAMENT OF VICTORIA

Local Government (Further Amendment) Act 1997
                                  Act No.


                      TABLE OF PROVISIONS
Clause                                                                   Page
  1.     Purpose                                                            1
  2.     Commencement                                                       2
  3.     Changes to definitions                                             2
  4.     Substitution of section 94                                         2
         94.      The Chief Executive Officer                               2
         94A. Functions of the Chief Executive Officer                      3
         94B. Restrictions concerning the appointment of senior
                  officers                                                  4
  5.     Consequential amendments                                           5
  6.     Substitution of section 95B                                        6
         95B. Powers of the Minister concerning the employment of
                  senior officers                                           6
  7.     Further consequential amendment                                    7
  8.     Insertion of section 97C                                           7
         97C. Outside employment of senior officers                         7
  9.     Change concerning rates and charges notices                        8
  10.    Change concerning procedure for declaring special rates and
         charges                                                            9
  11.    Substitution of section 163A                                      10
         163A. Submissions concerning special rates and charges            10
  12.    Change concerning the payment of rates and charges                10
  13.    Changes concerning interest on unpaid rates and charges           11
  14.    Minor amendment concerning unpaid rates and charges               12
  15.    Substitution of section 181                                       12
         181.     Council may sell land to recover unpaid rates or charges 12
  16.    Council need not call for tenders for some contracts              16
  17.    Change concerning annual reports of regional library
         corporations                                                      16
  18.    Substitution of section 208A                                      16
         208A. Councils must be parties to competitive arrangements        16
  19.    Changes to the meaning of "competitive process"                   17
  20.    Insertion of section 208I                                         18
         208I. Contributions to government projects deemed to be
                  competitive arrangements                                 18


  21.    Substitution of Parts 10A and 10B                                19


                                      i
531150B.I1-2/4/97

 


 

Clause Page PART 10A--LOCAL GOVERNMENT PANELS 19 220A. Local government panels 19 220B. Membership of panels 19 220C. Conditions of appointment 19 220D. Panel proceedings 19 220E. Improper use of information 20 PART 10B--LOCAL GOVERNMENT RESTRUCTURING REVIEWS 20 220F. Terms of review must be publicised 20 220G. Conduct of the review 20 220H. Legal proceedings excluded 20 220I. Supreme Court--limitation of jurisdiction 21 22. Substitution of section 220P 21 220P. Operation of this Part 21 23. Substitution of section 220T 22 220T. Panel review not needed for minor boundary changes 22 24. Insertion of new sections 223A and 223B 22 223A. Appointment of inspectors of municipal administration 22 223B. Powers of inspectors of municipal administration 23 25. Repeal of provisions that sections 223A and 223B replace 24 26. Provisions relating to the abolition of the Local Government Board 24 27. Minor change concerning power to name roads 24 28. Repeal of spent Acts 24 NOTES 26 ii 531150B.I1-2/4/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Local Government Act 1989 and for other purposes. Local Government (Further Amendment) Act 1997 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Local Government Act 1989-- (a) to clarify the powers of the Chief Executive 5 Officers of Councils; and (b) to make changes concerning competitive tendering by Councils; and 1 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 2 Act No. (c) to abolish the Local Government Board and to enable the creation of local government panels; and (d) to make changes concerning the payment of 5 rates and charges and interest on overdue rates and charges; and (e) to generally improve the operation of that Act. 2. Commencement 10 (1) This Act (other than section 18) comes into operation on the day on which it receives the Royal Assent. (2) Section 18 comes into operation on 1 July 1997. 3. Changes to definitions 15 In section 3(1) of the Local Government Act 1989-- (a) the definition of "Board" is repealed; (b) after the definition of "how-to-vote card" insert-- 20 ' "local government panel" means a panel established by the Minister under section 220A;'. 4. Substitution of section 94 For section 94 of the Local Government Act 25 1989 substitute-- "94. The Chief Executive Officer (1) A Council must appoint a natural person to be its Chief Executive Officer. (2) The Chief Executive Officer is a member of 30 Council staff. (3) A Council may only appoint a person to be its Chief Executive Officer after it has 2 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 4 Act No. invited applications for the position in a notice in a newspaper circulating generally throughout Victoria and has considered all applications received by it that comply with 5 the conditions specified in the notice. (4) Sub-section (3) does not apply if a Council appoints a person to act as the Chief Executive Officer for a period of not more than 12 months. 10 (5) A Council must not remunerate in any way a person who has filled the Chief Executive Officer's position on an acting basis for 12 months for anything the person does in respect of that position after that 12 month 15 period (unless the person is appointed after the Council has complied with sub-section (3)). (6) Any Council resolution that relates to the employment of the Council's Chief 20 Executive Officer is of no effect unless, before the resolution was passed, the Minister was given reasonable notice of the intention to put the resolution. 94A. Functions of the Chief Executive Officer 25 (1) A Council's Chief Executive Officer is responsible for-- (a) establishing and maintaining an appropriate organisational structure for the Council; and 30 (b) ensuring that the decisions of the Council are implemented without undue delay; and (c) the day to day management of the Council's operations in accordance with 35 the Council's corporate plan; and 3 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 Act No. (d) providing timely advice to the Council. (2) The Chief Executive Officer may appoint as many members of Council staff as are required to enable the functions of the 5 Council under this Act or any other Act to be carried out and to enable the Chief Executive Officer to carry out her or his functions. (3) The Chief Executive Officer is responsible for appointing, directing, managing and 10 dismissing Council staff and for all other issues that relate to Council staff. (4) A reference to Council staff in this section does not include a reference to the Chief Executive Officer. 15 94B. Restrictions concerning the appointment of senior officers (1) A Chief Executive Officer may only appoint a person to be a senior officer after she or he has invited applications for the position in a 20 notice in a newspaper circulating generally throughout Victoria and has considered all applications received by her or him that comply with the conditions specified in the notice. 25 (2) Sub-section (1) does not apply if a Chief Executive Officer appoints a person to fill a senior officer's position on an acting basis for a period of not more than 12 months. (3) A Chief Executive Officer must ensure that a 30 person who has filled a senior officer's position on an acting basis for 12 months is not remunerated in any way for anything the person does in respect of that position after that 12 month period (unless the person is 4 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 5 Act No. appointed after the Chief Executive Officer has complied with sub-section (1)).". 5. Consequential amendments (1) For section 95(2) of the Local Government Act 5 1989 substitute-- "(2) The Chief Executive Officer must give the Council staff an opportunity to apply for any vacant permanent full-time Council staff position that she or he intends to fill.". 10 (2) In section 95A of the Local Government Act 1989-- (a) in sub-section (1), omit "by a Council"; (b) in sub-section (3A), for "section 94(4)" substitute "section 94(3)". 15 (3) For section 95A(3) of the Local Government Act 1989 substitute-- "(3) On the expiry of a senior officer's contract, the senior officer may be invited to enter into a new contract.". 20 (4) For section 95A(4) of the Local Government Act 1989 substitute-- "(4) Any contract of employment between-- (a) a Council and a Chief Executive Officer; or 25 (b) a Chief Executive Officer and a senior officer-- that does not comply with sub-section (2) is void.". 5 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 6 Act No. 6. Substitution of section 95B For section 95B of the Local Government Act 1989 substitute-- "95B. Powers of the Minister concerning the 5 employment of senior officers (1) The Minister may, by notice published in the Government Gazette, exempt a Council or a Chief Executive Officer from complying with section 95A. 10 (2) If the Minister does this, section 95A does not apply to the Council or Chief Executive Officer until the Minister revokes the notice by a further notice published in the Government Gazette. 15 (3) The Minister may also, by notice published in the Government Gazette, for a period specified in the notice, forbid-- (a) a Council from employing a new Chief Executive Officer, or entering into a 20 new contract with an existing Chief Executive Officer, or entering into a contract with a Chief Executive Officer that expires after a specified period or date; 25 (b) a Chief Executive Officer from employing new senior officers, or entering into new contracts with existing senior officers, or entering into any contracts with senior officers that 30 expire after a specified period or date. (4) A Council must comply with a notice under sub-section (3)(a). (5) A Chief Executive Officer must comply with a notice under sub-section (3)(b). 6 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 7 Act No. (6) If a Council or Chief Executive Officer is forbidden to fill a vacancy by a notice, it or she or he may only employ a person on an acting basis to perform the functions 5 assigned to the vacant position. (7) Any contract entered into by a Council or Chief Executive Officer in contravention of a notice under sub-section (3) is void.". 7. Further consequential amendment 10 Section 97 of the Local Government Act 1989 is repealed. 8. Insertion of section 97C After section 97B of the Local Government Act 1989 insert-- 15 "97C. Outside employment of senior officers (1) This section applies if a senior officer is given approval to engage in any paid employment outside the duties of her or his office. 20 (2) The Chief Executive Officer must-- (a) give public notice of the details of the approval within 14 days of the approval being given; and (b) maintain a register that shows details of 25 every such approval. (3) The Chief Executive Officer must make the register available for inspection on request by any person. (4) Within 7 days of receiving an approval, a 30 senior officer may apply to the Minister for a direction-- 7 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 9 Act No. (a) that public notice is not to be given of the approval; (b) that the approval is not to be shown on the register. 5 (5) The Minister may give such a direction if she or he is satisfied that there are special circumstances that justify the giving of the direction. (6) The Chief Executive Officer must not give 10 effect to sub-section (2)-- (a) within 7 days of an approval being given; or (c) if within that time the senior officer applies to the Minister under sub- 15 section (4), until the Minister rejects the application. (7) With respect to approvals given to current senior officers before the commencement of section 8 of the Local Government 20 (Further Amendment) Act 1997, the Chief Executive Officer must comply with this section within 30 days of the date that section 8 of that Act comes into operation.". 9. Change concerning rates and charges notices 25 (1) For sections 158(4)(b) and (c) of the Local Government Act 1989 substitute-- "(b) state-- (i) in the case of general rates, municipal charges, service rates and service 30 charges, the dates when the 4 instalments of the rates or charges are 8 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 10 Act No. due, and, if those rates and charges may be paid in a lump sum, the date when that lump sum is due; or (ii) in any other case, when the rates or 5 charges are due; and (c) specify any other options for payment determined by the Council; and". (2) For section 158(4A) of the Local Government Act 1989 substitute-- 10 "(4A) If general rates, municipal charges, service rates or service charges-- (a) are not payable in a lump sum; or (b) are payable in a lump sum but the first instalment is paid-- 15 the Council must send a notice that contains the information set out in sub-sections (4)(a), (b) and (c) at least 14 days before each of the second, third and fourth instalments are due. (4B) Despite anything to the contrary in section 20 167, a failure to comply with sub-section (4)(d) or (4A) alters the date on which the relevant payment is due to the 14th day after the date on which the notice relating to that payment is sent.". 25 10. Change concerning procedure for declaring special rates and charges After section 163(1) of the Local Government Act 1989 insert-- "(1A) A Council must not make a declaration 30 under sub-section (1) unless it has given public notice of its intention to make the declaration at least 28 days before making the declaration. 9 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 11 Act No. (1B) In addition to any other requirements specified by this Act, the public notice must-- (a) contain an outline of the proposed 5 declaration; and (b) set out the date on which it is proposed to make the declaration; and (c) advise that copies of the proposed declaration are available for inspection 10 at the Council office for at least 14 days after the publication of the notice.". 11. Substitution of section 163A For section 163A of the Local Government Act 1989 substitute-- 15 "163A. Submissions concerning special rates and charges A person may make a submission under section 223 in relation to a Council's proposal to make a declaration under section 20 163.". 12. Change concerning the payment of rates and charges For sections 167(1), (2) and (2A) of the Local Government Act 1989 substitute-- "(1) A Council must allow a person to pay a rate 25 or charge (other than a special rate or charge) in 4 instalments. (2) An instalment is due and payable on the date fixed by the Minister by notice published in the Government Gazette. 30 (2A) A Council may allow a person to pay a rate or charge in a lump sum. 10 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 13 Act No. (2B) If allowed, a lump sum payment of general rates or municipal charges is due and payable on the date fixed by the Minister by notice published in the Government Gazette. 5 (2C) Any notice published by the Minister under sub-section (2) or (2B)(or any variation of such a notice) must be published at least 3 months before the start of the financial year in respect of which the rate or charge is 10 levied.". 13. Changes concerning interest on unpaid rates and charges (1) For section 172(1)(b) of the Local Government Act 1989 substitute-- 15 "(b) which have not been paid by the date specified under section 167 for their payment (or, in the case of late notices, by the date specified under section 158(4B)).". (2) For sections 172(2), (2A), (2B) and (2C) of the 20 Local Government Act 1989 substitute-- "(2) The interest-- (a) is to be calculated at the rate fixed under section 2 of the Penalty Interest Rates Act 1983 that applied on the first 25 day of July immediately before the due date for the payment; and (b) becomes payable-- (i) if the payment was payable in instalments only, on and from the 30 date on which the missed instalment was due; or 11 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 14 Act No. (ii) if the payment was payable in a lump sum, on and from the date on which the rate or charge was declared; and 5 (c) continues to be payable until the payment or the recovery of the rates or charges. (2A) The Council may continue to require a person to pay interest in accordance with this 10 section after it obtains a court order requiring the payment of the rates and charges payable (but only until the payment or the recovery of the rates or charges).". 14. Minor amendment concerning unpaid rates and 15 charges In section 180(1) of the Local Government Act 1989, after "instalment" insert "or any part of a rate or charge". 15. Substitution of section 181 20 For section 181 of the Local Government Act 1989 substitute-- '181. Council may sell land to recover unpaid rates or charges (1) This section applies if-- 25 (a) any amount due to a Council for, or in respect of, rates or charges (including enforcement costs and interest) in respect of any rateable land is more than 3 years overdue; and 30 (b) no current arrangement exists for the payment of the amount to the Council; and 12 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 15 Act No. (c) the Council has a Court order requiring the payment of the amount (or part of the amount). (2) The Council may sell the land, or cause the 5 land to be transferred to itself, for an amount equal to or more than the estimated value of the land as set out in a written valuation of the land by a valuer that was made not more than 6 months before the date of the sale or 10 transfer. (3) In sub-section (2), "valuer" means a person who holds the qualifications or experience specified under section 13DA(1A) of the Valuation of Land Act 1960. 15 (4) For the purposes of sub-section (1)(b), an arrangement is not current if any term of the arrangement is not being complied with. (5) Before selling the land, or causing it to be transferred, the Council must-- 20 (a) if it appears from the Register kept under the Transfer of Land Act 1958 or from any memorial in the office of the Registrar-General that a person has an estate or interest in the land, serve 25 on that person a notice requiring the payment of the amount referred to in sub-section (1) accompanied by a copy of this section; and (b) ensure that public notice of its intention 30 to conduct the sale, or carry out the transfer, is given; and (c) if the land is to be sold by auction, notify in writing any person who must 13 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 15 Act No. be served with a notice under paragraph (a) of when and where the auction will be held. (6) The Council must comply-- 5 (a) with sub-sections (5)(a) and (b) at least 4 weeks before the date of the sale or transfer; and (b) with sub-section (5)(c) at least 14 days before the date of the auction. 10 (7) The Council may recover the following amounts from the proceeds of a sale of land (or if the land is transferred, may offset from the transfer amount the following amounts)-- 15 (a) all expenses incurred in connection with the sale or transfer; (b) the amount referred to in sub-section (1) and any enforcement expenses and interest associated with that amount; 20 (c) any other amount due to it for, or in respect of, rates or charges (including enforcement costs and interest) in respect of the land. (8) If any amount remains after the Council has 25 recovered (or offset) everything it is permitted to recover (or offset) under sub- section (7), it must then-- (a) use that remaining amount to discharge, in their order of priority, any mortgages 30 and other charges in respect of the land, whether registered or not, that it has notice of; and 14 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 15 Act No. (b) pay any amount remaining to each person who appears to have an estate or interest in the land-- (i) in accordance with that person's 5 estate or interest; or (ii) if 2 or more people appear to have an estate or interest but it is not possible to determine from the Register or memorials how their 10 estates or interests stand in relation to each other, in equal shares. (9) If any person who is entitled to an amount under sub-section (8) cannot be found after 15 reasonable efforts have been made to find her, him or it, the Council may use the amount for its general purposes. (10) If no person appears to have an estate or interest in land that has been sold or 20 transferred under this section, the Council may use for its general purposes any amount that remains after it has recovered (or offset) everything it is permitted to recover (or offset) under sub-section (7), and paid 25 everything it is required to pay under sub- section (8)(a). (11) If land that is sold or transferred under this section is land under the Transfer of Land Act 1958, the Registrar of Titles-- 30 (a) must register a transfer of land under this section if the transfer is in a form approved by her or him; and 15 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 16 Act No. (b) must cancel any mortgages or charges registered as encumbrances on the land when registering the transfer of land; and 5 (c) may dispense with the production of the certificate of title for the purpose of registering the transfer. (12) The registration of the transfer vests in the transferee all the estate and interest in the 10 land.'. 16. Council need not call for tenders for some contracts After section 186(5)(d) of the Local Government Act 1989 insert-- "; or 15 (e) the contract is a subcontract under an in- house agreement (as defined in section 208D) and the amount to be paid under the subcontract is less than $100 000.". 17. Change concerning annual reports of regional library 20 corporations For section 196(7)(d) of the Local Government Act 1989 substitute-- "(d) Parts 5 and 6 (other than sections 126(1)(aa), (ac), (c) and (d), 127B and 128);". 25 18. Substitution of section 208A For section 208A of the Local Government Act 1989 substitute-- '208A. Councils must be parties to competitive arrangements 30 (1) A Council must ensure that in any financial year it is a party to competitive arrangements 16 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 19 Act No. that have a total value of 50% or more of its total expenditure. (2) For the purposes of this section, "total expenditure" means the result of this 5 calculation-- (E - (A + D)) + C where-- E is the total, as set out in the Council's operating statement for the relevant 10 financial year, of the Council's expenses for that year; A is the total of any abnormal expenses and extraordinary expenses in that year set out in the operating statement (or in 15 any notes accompanying that statement); D is the amount allowed for depreciation in that year as set out in the operating statement (or in any notes 20 accompanying that statement); C is the amount of the Council's capital expenditure as determined in accordance with guidelines issued by the Minister from time to time.'. 25 19. Changes to the meaning of "competitive process" After section 208C(1) of the Local Government Act 1989 insert-- "(1A) A competitive process in the awarding of a contract also occurs if the amount to be paid 30 under the contract is $5000 or less and the Council awarding the contract-- (a) obtains at least 3 oral quotations for the goods, services or works to be provided under the contract; and 17 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 20 Act No. (b) records the names of the people from whom the quotations were obtained in its competitive tendering register. (1B) A competitive process in the awarding of a 5 contract also occurs if the amount to be paid under the contract is more than $5,000, but is not more than $50 000, and the Council awarding the contract-- (a) obtains at least 3 written quotations for 10 the goods, services or works to be provided under the contract; and (b) records the names of the people from whom the quotations were obtained in its competitive tendering register.". 15 20. Insertion of section 208I After section 208H of the Local Government Act 1989 insert-- "208I. Contributions to government projects deemed to be competitive arrangements 20 (1) This section applies if a Council pays an amount to the Commonwealth Government or to a State Government for the purposes of any project or service contract that any of those Governments is a party to. 25 (2) For the purposes of section 208A, the Council is deemed to have entered into a competitive arrangement that has a value equal to the amount paid by the Council to the relevant Government.". 30 18 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 21 Act No. 21. Substitution of Parts 10A and 10B For Parts 10A and 10B of the Local Government Act 1989 substitute-- "PART 10A--LOCAL GOVERNMENT PANELS 5 220A. Local government panels The Minister may establish one or more local government panels-- (a) to conduct a review of any matter relating to local government 10 restructuring; (b) to advise her or him on any other matter. 220B. Membership of panels (1) A local government panel may consist of up 15 to 5 people. (2) The Minister may appoint one of the members of a local government panel to be the chairperson of the panel. 220C. Conditions of appointment 20 (1) A member of a local government panel holds office on the terms and conditions determined by the Minister. (2) In fixing the fees and allowances that are to be paid to members, the Minister must 25 comply with any relevant guidelines that are published from time to time by the Office of the Public Service Commissioner. 220D. Panel proceedings Subject to any direction of the Minister, a 30 local government panel may regulate its own proceedings. 19 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 21 Act No. 220E. Improper use of information A person who is, or has been, a member of a local government panel must not make improper use of any information acquired as 5 a member of the panel to gain, or to attempt to gain, directly or indirectly, a pecuniary or other advantage for himself or herself or for any other person. Penalty: 20 penalty units. 10 PART 10B--LOCAL GOVERNMENT RESTRUCTURING REVIEWS 220F. Terms of review must be publicised (1) This section applies if the Minister establishes a local government panel to 15 conduct a review of any matter relating to local government restructuring. (2) The Minister must publish a notice in a newspaper generally circulating in any relevant municipal district or neighbourhood 20 of the terms of reference of the review. 220G. Conduct of the review A local government panel may conduct a review of any matter relating to local government restructuring in any way it 25 thinks appropriate and may have regard to any matter that it considers to be relevant. 220H. Legal proceedings excluded No proceedings-- (a) seeking the grant of any relief or 30 remedy in the nature of certiorari, prohibition, 20 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 22 Act No. mandamus or quo warranto, or the grant of a declaration or an injunction; or (b) seeking any order under the 5 Administrative Law Act 1978-- (whether on the ground of absence of jurisdiction or any other ground) may be brought against any local government panel, or any member of a local government panel, 10 the Minister, or any other person in respect of any review under this Part, or any proceedings relating to such a review or any other act, matter or thing incidental to the conduct of such a review. 15 220I. Supreme Court--limitation of jurisdiction It is the intention of section 220H to alter or vary section 85 of the Constitution Act 1975.". 22. Substitution of section 220P 20 For section 220P of the Local Government Act 1989 substitute-- "220P. Operation of this Part The Minister must not recommend to the Governor in Council that an Order in 25 Council be made in relation to a matter under section 220Q(a), (b), (d), (e) or (f) unless the Minister-- (a) established a local government panel to conduct a review of the matter; and 30 (b) has considered the report of the panel on the matter.". 21 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 23 Act No. 23. Substitution of section 220T For section 220T of the Local Government Act 1989 substitute-- "220T. Panel review not needed for minor 5 boundary changes The Minister may, without complying with section 220P, recommend that an Order in Council be made to give effect to minor boundary changes if she or he certifies to the 10 Governor in Council that-- (a) the proposed changes are of a minor nature only; and (b) any Council whose municipal district is affected by the proposed changes has 15 approved of the proposed changes; and (c) public notice of the proposed changes has been given in the municipal district or districts affected by the proposed changes.". 20 24. Insertion of new sections 223A and 223B After section 223 of the Local Government Act 1989 insert-- "223A. Appointment of inspectors of municipal administration 25 (1) The Minister may appoint any person who has, in the opinion of the Minister, appropriate skills or knowledge to be an inspector of municipal administration. (2) The Minister-- 30 (a) may make an appointment either generally or specifically; and 22 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 24 Act No. (b) may impose conditions on an appointment. (3) An inspector is not, in respect of her or his office as an inspector, subject to the Public 5 Sector Management Act 1992. (4) A person who is appointed as an inspector and who is not subject to the Public Sector Management Act 1992 is entitled to be paid the amounts, and on the terms, fixed by the 10 Minister. 223B. Powers of inspectors of municipal administration (1) An inspector of municipal administration may examine or investigate-- 15 (a) any matter relating to a Council's operations or to Council elections or electoral matters; and (b) any possible breaches of this Act. (2) An inspector may, by notice in writing, 20 require a person to-- (a) produce any document (whether or not specifically identified in the notice) in the person's custody or control that relates to any matter that the inspector 25 may examine or investigate; and (b) give all reasonable assistance in connection with an examination or investigation; and (c) appear before the inspector for 30 examination on oath and to answer questions. 23 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 25 Act No. (3) An inspector may administer an oath. (4) An inspector may take possession of any document produced under sub-section (1) for so long as she or he considers necessary. 5 (5) However, while an inspector retains possession of such a document, she or he must permit any person who would be entitled to inspect the document if it were not in the inspector's possession to inspect the 10 document at any reasonable time. (6) A person appearing before an inspector is entitled to be represented by another person.". 25. Repeal of provisions that sections 223A and 223B 15 replace Sections 130 and 131 of the Local Government Act 1989 are repealed. 26. Provisions relating to the abolition of the Local Government Board 20 (1) The members of the Local Government Board cease to hold office. (2) Schedule 11A of the Local Government Act 1989 is repealed. 27. Minor change concerning power to name roads 25 In Schedule 10 of the Local Government Act 1989, for clause 5(2) substitute-- "(2) After exercising a power under sub-clause (1)(a), the Council must advise the Place Names Committee established under the Survey Co-ordination Act 1958 30 of the action it has taken.". 28. Repeal of spent Acts (1) The Local Government (Miscellaneous Amendments) Act 1993 is repealed. 24 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 s. 28 Act No. (2) The Local Government (Competitive Tendering) Act 1994 is repealed. (3) The Local Government (Elections) Act 1995 is repealed. 5 25 531150B.I1-2/4/97

 


 

Local Government (Further Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 26 531150B.I1-2/4/97

 


 

 


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