LOCAL GOVERNMENT (BRIMBANK CITY COUNCIL) ACT 2009
No. 65 of 2009
Version incorporating amendments as at 1 January 2012
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Local Government (Brimbank City Council) Act 2009
- TABLE OF PROVISIONS
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Section Page
1. Purpose
2. Commencement
3. Construction of Act
4. Definitions
5. Dismissal of Brimbank City Council
6. Subsequent Order in Council
7. Provisions applying in respect of panel of administrators appointed under section 6.
8. Effect of Subsequent Order in Council
9. Construction of provisions in any Act or document
10. General election
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Local Government (Brimbank City Council) Act 2009
- SECT 1
Purpose
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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;
(d) provide for the expiry of the Subsequent Order in Council;
(e) provide for a general election for the Brimbank City Council.
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Local Government (Brimbank City Council) Act 2009
- SECT 2
Commencement
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2. Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
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Local Government (Brimbank City Council) Act 2009
- SECT 3
Construction of Act
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3. Construction of Act
This Act must be read and construed as if it was part of the Local Government Act 1989.
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Local Government (Brimbank City Council) Act 2009
- SECT 4
Definitions
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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.
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Local Government (Brimbank City Council) Act 2009
- SECT 5
Dismissal of Brimbank City Council
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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
(b) under this Act by the panel of administrators appointed under the Subsequent Order in Council.
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Local Government (Brimbank City Council) Act 2009
- SECT 6
Subsequent Order in Council
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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.
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Local Government (Brimbank City Council) Act 2009
- SECT 7
Provisions applying in respect of panel of administrators appointed under section 6
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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;
(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;
(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.
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Local Government (Brimbank City Council) Act 2009
- SECT 8
Effect of Subsequent Order in Council
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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.
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Local Government (Brimbank City Council) Act 2009
- SECT 9
Construction of provisions in any Act or document
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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.
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Local Government (Brimbank City Council) Act 2009
- SECT 10
General election
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10. General election
(1) A general election for the Brimbank City Council is to be held under section 31(1) on the fourth Saturday in October 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.
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ENDNOTES
1. General Information
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."
The Local Government (Brimbank City Council) Act 2009 was assented to on 17 November 2009 and came into operation on 18 November 2009: section 2.
2. Table of Amendments
This Version incorporates amendments made to the Local Government (Brimbank City Council) Act 2009 by Acts and subordinate instruments.
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Local Government Amendment (Electoral Matters) Act 2011, No. 44/2011
Assent Date:
6.9.11
Commencement Date:
S. 11 on 1.1.12: s. 2(2)
Current State:
This information relates only to the provision/s amending the Local Government (Brimbank City Council) Act 2009
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3. Explanatory Details
No entries at date of publication.
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Local Government (Brimbank City Council) Act 2009
No. 65 of 2009