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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
City of Greater Geelong Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 New sections 7, 8 and 9 inserted 2
7 Reconstitution of Council from October 2012 2
8 Reconstitution of Council from 2016 3
9 Orders in respect of constitution of Council under
section 8(1)(b) 3
5 Sections 10 and 16 repealed and new Part 3 inserted 3
PART 3--ELECTIONS AND COUNCIL
ADMINISTRATION 3
Division 1--Elections 3
10 How votes to be counted for Mayor 3
11 Candidates may only stand for one position 4
Division 2--Council Administration 4
12 Orders in Council to specify allowances 4
13 Allowance reviews by Minister 5
14 Payment of allowances 5
15 Entitlement to receive an allowance 6
6 New sections 11A to 11E inserted 7
11A Term of office of Mayor 7
11B Filling of vacancy of office of Mayor 7
11C Election of Deputy Mayor 8
11D Precedence of Mayor 9
11E Special functions of Mayor 10
7 New Part 4 inserted 10
PART 4--ELECTORAL REPRESENTATION
REVIEWS AND SUBDIVISION REVIEWS 10
16 Operation of Part 10
17 Application of Divisions 2, 3 and 4 of Part 10 of the
Local Government Act 1989 11
18 Purpose of review 11
571198B.I-22/11/2011 i BILL LA INTRODUCTION 22/11/2011
Clause Page
8 Repeal of amending Act 11
ENDNOTES 12
571198B.I-22/11/2011 ii BILL LA INTRODUCTION 22/11/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
City of Greater Geelong Amendment
Bill 2011
A Bill for an Act to amend the City of Greater Geelong Act 1993
and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the City of
Greater Geelong Act 1993--
(a) to reconstitute the Greater Geelong City
5 Council under that Act; and
(b) to enable the Mayor of the City of Greater
Geelong to be directly elected to represent
the municipal district as a whole; and
(c) to make consequential and other minor
10 amendments.
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City of Greater Geelong Amendment Bill 2011
s. 2
2 Commencement
(1) This Act, other than sections 6 and 7, comes into
operation on 7 March 2012.
(2) Sections 6 and 7 come into operation on
5 28 October 2012.
3 Definitions
See: (1) Insert the following definition in section 3(1) of
Act No.
16/1993. the City of Greater Geelong Act 1993--
Reprint No. 1
as at "Council means the Greater Geelong City
10 5 February
1998.
Council;".
LawToday:
www. (2) In section 3(1) of the City of Greater Geelong
legislation. Act 1993, the definitions of Commissioner and
vic.gov.au
period of administration are repealed.
(3) In section 3(1) of the City of Greater Geelong
15 Act 1993, in the definition of Order in Council,
for "Gazette;" substitute "Gazette.".
4 New sections 7, 8 and 9 inserted
After section 6 of the City of Greater Geelong
Act 1993 insert--
20 "7 Reconstitution of Council from October
2012
(1) From the general election, to be held in
October 2012, the Council consists of--
(a) a Mayor elected to represent the City of
25 Greater Geelong as a representative of
the municipal district as a whole; and
(b) 12 Councillors elected to represent
12 individual wards.
(2) The Mayor is a Councillor of the Council.
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City of Greater Geelong Amendment Bill 2011
s. 5
8 Reconstitution of Council from 2016
(1) From the general election, to be held in
2016, the Council consists of--
(a) a Mayor elected to represent the City of
5 Greater Geelong as a representative of
the municipal district as a whole; and
(b) not fewer than 4, and not more than 11,
Councillors elected--
(i) to represent the municipal district
10 as a whole; or
(ii) to represent wards into which the
municipal district is divided.
(2) The Mayor is a Councillor of the Council.
9 Orders in respect of constitution of
15 Council under section 8(1)(b)
For the purposes of the general election to be
held in 2016 or any subsequent elections, the
Governor in Council may make an Order in
Council in accordance with section 220Q of
20 the Local Government Act 1989 in respect
of the constitution of the Council under
section 8(1)(b).".
5 Sections 10 and 16 repealed and new Part 3 inserted
For sections 10 and 16 of the City of Greater
25 Geelong Act 1993 substitute--
"PART 3--ELECTIONS AND COUNCIL
ADMINISTRATION
Division 1--Elections
10 How votes to be counted for Mayor
30 Part 3 of Schedule 3 to the Local
Government Act 1989 applies to the
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City of Greater Geelong Amendment Bill 2011
s. 5
election of the Mayor for the general election
in October 2012 and all subsequent elections.
11 Candidates may only stand for one
position
5 (1) A person who is a candidate for election as
the Mayor is not eligible to be a candidate
for election as a Councillor if the elections
are conducted at the same time.
(2) If a person has nominated as a candidate for
10 election as Mayor and also for election as a
Councillor at an election that is to be
conducted at the same time as the other
election, the returning officer must reject any
notice of candidature in relation to the person
15 other than the first valid notice of
candidature received by the returning officer.
(3) This section does not prevent a Councillor
nominating as a candidate for election as the
Mayor at a by-election for that office, nor
20 does it require that a Councillor resign from
office if he or she is a candidate for that
office at a by-election.
(4) If a Councillor is elected as the Mayor at a
by-election, the Councillor goes out of office
25 as a Councillor referred to in section 7(1)(b)
or 8(1)(b) (as appropriate) on the declaration
of the result of the by-election.
Division 2--Council Administration
12 Orders in Council to specify allowances
30 (1) The Governor in Council may, by Order in
Council, specify the allowances payable by
the Council to the Mayor and Deputy Mayor.
(2) An Order in Council made under this section
must specify a date from which an allowance
35 under the Order is payable.
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City of Greater Geelong Amendment Bill 2011
s. 5
(3) The Order in Council may specify that the
Mayor and Deputy Mayor are to receive a
higher allowance than that specified for other
Councillors in an Order in Council made
5 under section 74B of the Local Government
Act 1989 or Minister's notice published
under section 73A, 73B or 74C of that Act.
13 Allowance reviews by Minister
(1) The Minister must, at least once every year,
10 review the amounts of Mayoral and Deputy
Mayoral allowances.
(2) The Minister must have regard to
movements in the levels of remuneration of
executives within the meaning of the Public
15 Administration Act 2004 when reviewing
the amounts of the Mayoral and Deputy
Mayoral allowances under subsection (1).
(3) If a review conducted by the Minister under
this section results in a finding that Mayoral
20 and Deputy Mayoral allowances require
alteration, the Minister must specify by
notice in the Government Gazette the new
allowance amounts.
14 Payment of allowances
25 (1) Subject to subsection (3), the Council must
pay the Mayor and Deputy Mayor
allowances as specified in the most recent
of--
(a) an Order in Council made under
30 section 12;
(b) a Minister's notice made under
section 13(3).
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City of Greater Geelong Amendment Bill 2011
s. 5
(2) In paying an allowance under this Division,
the Council must make the payment in the
manner specified in the Order in Council that
specified the amount of the allowance.
5 (3) The Council does not have to pay an
allowance to the Mayor or Deputy Mayor if
the Mayor or Deputy Mayor does not wish to
receive it.
15 Entitlement to receive an allowance
10 (1) A person is only entitled to receive an
allowance while he or she holds the office
for which it is payable.
(2) The Mayor and the Deputy Mayor are not
entitled to receive an allowance as a
15 Councillor if he or she is receiving an
allowance as Mayor or Deputy Mayor.
(3) A person elected to be Mayor is entitled to
receive the appropriate allowance for that
office from the date the person takes the oath
20 of office under section 63 of the Local
Government Act 1989.
(4) A person elected to be Deputy Mayor by the
Council is entitled to receive the appropriate
allowance for that office from the date the
25 person is elected to be Deputy Mayor.
(5) If the office of Mayor is vacant, for the
duration of the vacancy in that office, the
acting Mayor is entitled to receive the
allowance for the office of Mayor and the
30 acting Deputy Mayor is entitled to receive
the allowance for the office of Deputy
Mayor.".
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s. 6
6 New sections 11A to 11E inserted
After the heading to Division 2 of Part 3 of the
City of Greater Geelong Act 1993 insert--
"11A Term of office of Mayor
5 (1) The Mayor goes out of office at 6 a.m. on the
day appointed for each general election.
(2) The office of Mayor also becomes vacant if
the person holding the office--
(a) dies or ceases to be eligible to be a
10 Councillor; or
(b) delivers a signed notice of resignation
to a Council meeting or to the Chief
Executive Officer; or
(c) is ousted from office by the Supreme
15 Court; or
(d) is disqualified from holding the office
following a finding made by VCAT of
serious misconduct or gross misconduct
by the Mayor under section 81K of the
20 Local Government Act 1989.
(3) If VCAT makes a finding of serious
misconduct or gross misconduct by the
Mayor under section 81K of the Local
Government Act 1989, the Mayor is
25 disqualified from holding the office of
Mayor from the date of the finding and for
the remainder of the term of the Council
unless VCAT otherwise orders.
11B Filling of vacancy of office of Mayor
30 (1) If the office of Mayor becomes vacant
6 months or more before a general election is
due, an election to fill the vacancy must be
held on a Saturday to be appointed by the
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City of Greater Geelong Amendment Bill 2011
s. 6
Minister under section 38 of the Local
Government Act 1989.
(2) If the office of Mayor becomes vacant less
than 6 months before a general election is
5 due, the Council may decide to fill the
vacancy in accordance with sections 37 and
38 of the Local Government Act 1989.
(3) If there is a vacancy in the office of Mayor,
the Deputy Mayor must be the acting Mayor
10 for the duration of the vacancy.
(4) If the Mayor is absent, incapable of acting or
refusing to act, the Council may by
resolution appoint the Deputy Mayor to be
the acting Mayor until the Mayor returns, is
15 capable of acting, or is willing to act, as
Mayor again.
(5) An acting Mayor may perform any function
or exercise any power conferred on the
Mayor.
20 11C Election of Deputy Mayor
(1) The Council must elect a Councillor to be
Deputy Mayor of the Council.
(2) If the office of Deputy Mayor becomes
vacant, the Council must elect another
25 Councillor to be Deputy Mayor of the
Council as soon as practicable.
(3) The office of Deputy Mayor becomes
vacant--
(a) at 6 a.m. on the day of a general
30 election; or
(b) on a date determined by the Council
which is not more than 12 months after
the election of the Deputy Mayor; or
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City of Greater Geelong Amendment Bill 2011
s. 6
(c) if he or she dies or ceases to be a
Councillor; or
(d) if he or she is elected to the office of
Mayor; or
5 (e) if his or her office as a Councillor is
suspended for any period.
(4) If VCAT makes a finding of serious
misconduct or gross misconduct by a
Councillor under section 81K of the Local
10 Government Act 1989, the Councillor is
disqualified from holding the office of
Deputy Mayor from the date of the finding
for the remainder of the term of the Council
unless VCAT otherwise orders.
15 (5) If the Deputy Mayor is required to be acting
Mayor for a period exceeding one month, the
Council must elect another Councillor to be
acting Deputy Mayor for the relevant period.
11D Precedence of Mayor
20 (1) The Mayor of the Council takes precedence
at all municipal proceedings within the
municipal district.
(2) The Mayor must chair all meetings of the
Council at which he or she is present.
25 (3) If the Mayor is absent from a meeting of the
Council, the Deputy Mayor must chair the
meeting if the Deputy Mayor is present.
(4) If both the Mayor and Deputy Mayor are
absent from a meeting of the Council, the
30 Councillors who are present at the meeting
must appoint one of their number to chair the
meeting.
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s. 7
11E Special functions of Mayor
(1) The Mayor of the Council may, at his or her
discretion--
(a) appoint a Councillor of the Council, to
5 a non-remunerated position, to be the
Council's representative, on a body in
respect of which the Council is entitled
to representation;
(b) appoint a Councillor of the Council to
10 be the chairperson of a special
committee of which at least one
member of the committee is a
Councillor.
(2) For the purposes of subsection (1)(b), if a
15 Councillor appointed by the Mayor to be
chairperson of a special committee was not
already a member of that committee, he or
she becomes a member of that committee on
that appointment.
20 __________________".
7 New Part 4 inserted
After Part 3 of the City of Greater Geelong Act
1993 insert--
'PART 4--ELECTORAL REPRESENTATION
25 REVIEWS AND SUBDIVISION REVIEWS
16 Operation of Part
The first review conducted in accordance
with this Part must be before the general
election of the Council in 2016 is held.
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City of Greater Geelong Amendment Bill 2011
s. 8
17 Application of Divisions 2, 3 and 4 of
Part 10 of the Local Government Act 1989
Divisions 2, 3 and 4 of Part 10 of the Local
Government Act 1989 apply to the Council
5 and the City of Greater Geelong subject to
the modification specified in this Part.
18 Purpose of review
Section 219A of the Local Government Act
1989 applies as if for "all Councils" there
10 were substituted "all Councillors of the
Greater Geelong City Council other than the
Mayor".
__________________'.
8 Repeal of amending Act
15 This Act is repealed on 28 October 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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City of Greater Geelong Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571198B.I-22/11/2011 12 BILL LA INTRODUCTION 22/11/2011
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