Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Local Government (Casey City Council)
Act 2020
No. of 2020
[Assented to ]
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to--
(a) dismiss the Casey City Council; and
(b) provide for the appointment of an
administrator or a panel of administrators for
the Casey City Council; and
(c) provide for the expiry of the Order in
Council; and
1
Local Government (Casey City Council) Act 2020
No. of 2020
(d) provide for a general election for the Casey
City Council.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Construction of Act
This Act must be read and construed as if it was
part of the Local Government Act 1989.
4 Definition
In this Act--
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.
5 Dismissal of Casey City Council
(1) The Casey City Council is dismissed.
(2) The persons holding office as Councillors of the
Casey City Council cease to hold office.
(3) Nothing in this Act affects the continuity of the
Casey City Council as constituted under this Act
by the administrator or panel of administrators
appointed under the Order in Council.
6 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 an administrator or a panel of
administrators for the Casey City Council;
(b) if a panel of administrators is appointed,
appoint one of the administrators to be the
Chairperson of the panel of administrators;
2
Local Government (Casey City Council) Act 2020
No. of 2020
(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.
7 Provisions applying in respect of administrator or
panel of administrators appointed under section 6
The following provisions apply in respect of the
appointment of an administrator or a panel of
administrators of the Casey City Council under
section 6 of this Act--
(a) the administrator or the panel of
administrators constitutes the Casey City
Council and, subject to any conditions of the
administrator's appointment or
administrators' appointments, must perform
all the functions, powers and duties of the
Casey City Council, which must be treated
as if they were performed by the Casey City
Council;
(b) subject to any conditions of an
administrator's appointment, an administrator
must perform all the functions, powers and
duties of a Councillor of the Casey City
Council, which must be treated as if they
were performed by a Councillor of the Casey
City Council;
(c) subject to any conditions of the
administrator's appointment, the
administrator or, if a panel of administrators
is appointed, the Chairperson of the panel
of administrators, must perform all the
functions, powers and duties of the Mayor of
the Casey City Council, which must be
treated as if they were performed by the
Mayor of the Casey City Council;
3
Local Government (Casey City Council) Act 2020
No. of 2020
(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 Casey 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.
8 Effect of Order in Council
The first Order in Council made under section 6
of this Act takes effect on the date specified in the
Order in Council.
4
Local Government (Casey City Council) Act 2020
No. of 2020
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 Casey City Council
or the Chairperson or a member of a committee of
the Casey 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 Order in Council is
in force as if it provided for an administrator, or
some other person appointed by the administrator
or the panel of administrators, to be that member,
representative, trustee or director.
10 General election
(1) Despite section 31(1) of the Local Government
Act 1989, a general election of Councillors for the
Casey City Council is to be held on the fourth
Saturday in October 2024.
(2) The Chief Executive Officer must summon a
meeting of the Casey 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 Order in Council expires when that meeting
of the Casey City Council starts.
═════════════
5
Local Government (Casey City Council) Act 2020
No. of 2020
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to dismiss
the Casey City Council and to provide for a general election for that
Council and for other purposes."
By Authority. Government Printer for the State of Victoria.
6
[Index] [Search] [Download] [Related Items] [Help]