Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government (Rural City of Wangaratta) Bill
2013
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Construction of Act 2
4 Definitions 2
5 Dismissal of Rural City of Wangaratta Council 2
6 Order in Council 2
7 Provisions applying in respect of administrator or panel of
administrators appointed under section 6 3
8 Effect of Order in Council 5
9 Construction of provisions in any Act or document 5
10 General election 5
ENDNOTES 6
571458B.I-18/9/2013 i BILL LA INTRODUCTION 18/9/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Local Government (Rural City of
Wangaratta) Bill 2013
A Bill for an Act to dismiss the Rural City of Wangaratta Council and
provide for a general election for that Council and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to--
(a) dismiss the Rural City of Wangaratta
Council; and
5 (b) provide for the appointment of an
administrator or a panel of administrators for
the Rural City of Wangaratta Council; and
(c) provide for the expiry of the Order in
Council; and
10 (d) provide for a general election for the Rural
City of Wangaratta Council.
571458B.I-18/9/2013 1 BILL LA INTRODUCTION 18/9/2013
Local Government (Rural City of Wangaratta) Bill 2013
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Construction of Act
5 This Act must be read and construed as if it was
part of the Local Government Act 1989.
4 Definitions
In this Act--
Order in Council means the first Order in Council
10 made under section 6 of this Act and any
further Order in Council made under that
section;
Rural City of Wangaratta Council means the
Wangaratta Rural City Council.
15 5 Dismissal of Rural City of Wangaratta Council
(1) The Rural City of Wangaratta Council is
dismissed.
(2) The persons holding office as Councillors of the
Rural City of Wangaratta Council cease to hold
20 office.
(3) Nothing in this Act affects the continuity of the
Rural City of Wangaratta Council as constituted
under this Act by the administrator or panel of
administrators appointed under the Order in
25 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
30 any or all of the following--
(a) appoint an administrator or a panel of
administrators for the Rural City of
Wangaratta Council;
571458B.I-18/9/2013 2 BILL LA INTRODUCTION 18/9/2013
Local Government (Rural City of Wangaratta) Bill 2013
s. 7
(b) if a panel of administrators is appointed,
appoint one of the administrators to be the
Chairperson of the panel of administrators;
(c) appoint a person to fill a vacancy in the
5 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
10 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 Rural City of Wangaratta
Council under section 6 of this Act--
15 (a) the administrator or the panel of
administrators constitutes the Rural City of
Wangaratta Council and, subject to any
conditions of the administrator's appointment
or administrators' appointments, must
20 perform all the functions, powers and duties
of the Rural City of Wangaratta Council,
which must be treated as if they were
performed by the Rural City of Wangaratta
Council;
25 (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 Rural City of
Wangaratta Council, which must be treated
30 as if they were performed by a Councillor of
the Rural City of Wangaratta Council;
(c) subject to any conditions of the
administrator's appointment, the
administrator or, if a panel of administrators
35 is appointed, the Chairperson of the panel of
administrators, must perform all the
571458B.I-18/9/2013 3 BILL LA INTRODUCTION 18/9/2013
Local Government (Rural City of Wangaratta) Bill 2013
s. 7
functions, powers and duties of the Mayor of
the Rural City of Wangaratta Council, which
must be treated as if they were performed by
the Mayor of the Rural City of Wangaratta
5 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;
10 (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 Rural City
15 of Wangaratta Council;
(f) an administrator--
(i) must not, without the Minister's
consent, directly or indirectly engage in
any paid employment outside the duties
20 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
25 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
30 of an offence which, if committed in
Victoria, would be an indictable
offence; or
(v) becomes incapable of performing the
duties of the office.
571458B.I-18/9/2013 4 BILL LA INTRODUCTION 18/9/2013
Local Government (Rural City of Wangaratta) Bill 2013
s. 8
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.
5 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 Rural City of
Wangaratta Council or the Chairperson or a
10 member of a committee of the Rural City of
Wangaratta 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
15 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 panel of
administrators, to be that member, representative,
trustee or director.
20 10 General election
(1) Despite section 31(1) of the Local Government
Act 1989, a general election of Councillors for the
Rural City of Wangaratta Council is to be held on
the fourth Saturday in October 2016.
25 (2) The Chief Executive Officer must summon a
meeting of the Rural City of Wangaratta Council
within 14 days after the day the returning officer
for the general election publicly declares the result
of the general election.
30 (3) The Order in Council expires when that meeting
of the Rural City of Wangaratta Council starts.
571458B.I-18/9/2013 5 BILL LA INTRODUCTION 18/9/2013
Local Government (Rural City of Wangaratta) Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571458B.I-18/9/2013 6 BILL LA INTRODUCTION 18/9/2013
[Index] [Search] [Download] [Related Items] [Help]