Local Government Bill 2018
Part 11—Savings and transitional
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Part 11—Savings and transitional Clause 356 provides general savings provisions in respect to the Local Government Act 1989. Clause 357 provides savings provisions in respect to particular provision of the Local Government Act 1989 and the City of Greater Geelong Act 1993. Clause 358 provides general savings provisions in respect to the Local Government Act 1989 in respect of regional libraries. Part 12—Consequential amendments and repeals Division 1—Repeal of City of Greater Geelong Act 1993 Clause 359 repeals the City of Greater Geelong Act 1993. Matters covered in that Act in relation to the constitution of the Greater Geelong City Council, the election, term of office, powers and functions of the Council's Mayor, election of the Deputy Mayor as well as Mayoral and Councillor allowances, will all be subject to the Local Government Act 2018. Provisions relating to the Geelong Regional Commission are also repealed as they are redundant. Division 2—Amendment of City of Melbourne Act 2001 Clause 360 repeals the definition of entitlement date in the City of Melbourne Act 2001. The definition of rateable property in that Act is amended to additionally include occupancies that are capable of being rated, for the purposes of voter entitlement at Melbourne City Council elections. Clause 361 consequentially amends section 4 of the City of Melbourne Act 2001 which relates to the construction of that Act, to reference the Local Government Act 2018. Clause 362 amends section 5 of the City of Melbourne 2001 to specify which provisions of the Local Government Act 2018 do not apply to the City of Melbourne. These provisions relate to Councillor number limits, decisions by a Councillor Conduct Panel that render the Mayor or Deputy Mayor ineligible to hold office, application of the capital improved value system of valuation only, voter entitlement and voters' roll preparation. Clause 363 amends section 6(1)(c) of the City of Melbourne Act 2001 to state that the Melbourne City Council consists of 9 Councillors in addition to the Lord Mayor and Deputy Lord Mayor (the Council's existing constitution). Clause 364 amends section 6A of the City of Melbourne Act 2001 to provide that the Melbourne City Council's electoral structure may be altered by an Order in Council under the Local Government Act 2018. Such an Order does not apply to the Lord Mayor and Deputy Lord Mayor. Clause 365 consequentially amends section 7 of the City of Melbourne Act 2001 to update the reference to the Local Government Act 2018. Clause 366 replaces all references to "entitlement date" in the City of Melbourne Act 2001, with "close of the roll". Clause 367 amends section 9D of the City of Melbourne Act 2001 to require automatic enrolment on the Melbourne City Council voters' roll for a property, firstly for those corporation representatives whose postal address is in Victoria, then those with an address within Australia followed by those representatives with an overseas postal address. Further, the CEO may use the latest list from another appropriate public body as an alternative to the Australian Securities and Investments Commission list, for the purpose of enrolling corporation representatives under that section. Clause 368 amends section 11D of the City of Melbourne Act 2001 to remove requirements relating to polls of voters, which are not included in the Local Government Act 2018. Also, the term "Chief Executive Officer" is replaced by "Registrar". The Registrar—who compiles and certifies voters' roll at the City of Melbourne—may be either the CEO or the VEC. Clause 369 amends section 11E of the City of Melbourne Act 2001 to provide that the Registrar may amend a certified voters' roll, not the CEO. The certified roll may also be amended if there are omissions as well as errors in the preparation of the roll. Further, as elsewhere in the Local Government Act 2018, the term "returning officer" is replaced by "election manager". Clause 370 amends section 11F of the City of Melbourne Act 2001 to provide that the Registrar, not the CEO, must make the certified voters' roll of the City of Melbourne available for inspection at locations and in the format determined by the Registrar. Clause 371 amends section 11G of the City of Melbourne Act 2001 to provide that the Registrar, not the CEO, may provide a copy of the certified voters' roll of the City of Melbourne to a candidate in relation to the ward they are contesting after nomination day. Further, the process by which other people or bodies may obtain and use the City of Melbourne's voters' roll will align with the process used by the VEC in relation to lists of electors under the Electoral Act 2002. Clause 372 consequentially amends section 12 of the City of Melbourne Act 2001 to reference to the relevant provision of the Local Government Act 2018. Clause 373 repeals a number of provisions of the City of Melbourne Act 2001. The repealed provisions relate to qualification of Councillors, precedence and functions of the Lord Mayor, Deputy Lord Mayor, delegation to Lord Mayor, Councillor allowances, certain conflicts of interest, electoral representation reviews and subdivision reviews. The Local Government Act 2018 will now apply to matters covered in the repealed provisions. Clause 374 amends sections 15 and 16 of the City of Melbourne Act 2001 replacing the term "returning officer" with "election manager". Clause 375 consequentially amends section 18 of the City of Melbourne Act 2001 regarding counting of votes at Melbourne City Council elections, to reference the relevant provisions of the Local Government Act 2018. Clause 376 consequentially amends section 19 of the City of Melbourne Act 2001 regarding compulsory voting at Melbourne City Council elections, to reference the relevant provisions of the Local Government Act 2018. A new provision is also included providing that non-voting infringement payments are to be paid to the Council (as occurs at other Councils). Clause 377 consequentially amends section 21 of the City of Melbourne Act 2001 to provide that references to Mayor and Deputy Mayor on the Local Government Act 2018 are construed as including references to Lord Mayor and Deputy Lord Mayor respectively. Clause 378 amends section 23 of the City of Melbourne Act 2001 and repeals subsections (4) and (5). Clause 379 consequentially amends section 24 of the City of Melbourne Act 2001 regarding filling vacancies of Lord Mayor and Deputy Lord Mayor, to reference the relevant provisions of the Local Government Act 2018. Clause 380 consequentially amends section 25 of the City of Melbourne Act 2001 regarding the acting Deputy Lord Mayor, to reference the relevant provisions of the Local Government Act 2018. Clause 381 consequentially amends section 28 of the City of Melbourne Act 2001 regarding differential rates, to reference the Local Government Act 2018. Clause 382 consequentially amends section 28A of the City of Melbourne Act 2001 regarding the systems of valuing land including for rating purposes. Clause 383 consequentially amends section 29 of the City of Melbourne Act 2001 regarding the making of regulations under that Act, to reference the relevant provisions of the Local Government Act 2018. Clause 384 makes a number of consequential amendments to Schedule 1 to the City of Melbourne Act 2001, which deals the use of "above the-line" voting at elections for Councillor at the Melbourne City Council (other than the Lord Mayor and Deputy Lord Mayor). The amendments reference the relevant provisions of the Local Government Act 2018 and replace the term "returning officer" with "election manager", wherever appearing, amends section 3 of the City of Melbourne Act 2001. Division 3—Amendment of Local Government Act 1989 Clause 385 makes consequential amendments to the Local Government Act 1989 inserting section 1B, which requires the Local Government Act 1989 to be read as if it formed part of the Local Government Act 2018. Clause 386 repeals the sections of the Local Government Act 1989 listed in the clause on 1 November 2018 which address the existing local government charter, Council roles and responsibilities and framing provisions. Clause 387 repeals the sections of the Local Government Act 1989 listed in the clause on 1 January 2019 which address existing aspects of councillor allowances and resources and the Councillor Code of Conduct, Council staff, Council audit committees and provisions with respect to employment of staff. Clause 388 repeals the sections of the Local Government Act 1989 listed in the clause on 1 July 2019 which address Council meeting rules and procedures, local laws, financial management and operations, Councillor integrity and the conduct framework (excluding conflict of interest) and Ministerial oversight. Clause 389 subclause (1) repeals section 100 of the Local Government Act 1989 on a day to be proclaimed which relates to long service leave entitlements for Council staff. Subclause (2) repeals the sections of the Local Government Act 1989 listed in the subclause on 1 January 2020 which deal with council elections, the role of Councillors, Council planning and reporting, rates and charges and conflicts of interest.
Clause 390 provides that the Victoria Grants Commission Act 1976 is called the Principal Act in this Division. Clause 391 amends section 1 of the Victoria Grants Commission Act 1976 to rename it the "Victorian Local Government Grants Commission Act 1976". Clause 392 consequentially amends definitions in section 2 of the Victoria Grants Commission Act 1976. Clause 393 amends section 3 of the Victoria Grants Commission Act 1976 to rename the Victoria Grants Commission the "Victorian Local Government Grants Commission" (VLGGC). Clause 394 amends section 4 of the Victoria Grants Commission Act 1976 regarding meetings of the VLGGC. Clause 395 amends section 7 of the Victoria Grants Commission Act 1976 regarding the removal of VLGGC members. Clause 396 consequentially amends section 8 of the Victoria Grants Commission Act 1976 addressing vacation of office of VLGGC members. Clause 397 amends section 10 of the Victoria Grants Commission Act 1976 to allow the VLGGC to require Councils to provide information. Clause 398 amends section 12 of the Victoria Grants Commission Act 1976 to update the timing of grant determination decisions by the VLGGC. Clause 399 repeals section 13, 14 and 15 of the Victoria Grants Commission Act 1976. Clause 400 amends section 16 of the Victoria Grants Commission Act 1976 regarding the referral of local government financial matters from the Minister to the VLGGC. The provisions relating to a Commission of Inquiry apply to the VLGGC when dealing with a referral under this section. Clause 401 amends section 17 of the Victoria Grants Commission Act 1976 to update the reporting requirements of the VLGGC. Clause 402 repeals section 18 of the Victoria Grants Commission Act 1976 as a consequence of Clause 400. Clause 403 amends section 20 of the Victoria Grants Commission Act 1976 addressing subordinate legislation related to this Act.
Clause 404 consequentially amends section 10(ka) of the Essential Services Commission Act 2001 addressing the functions conferred on the ESC by the Local Government Act 2018. Clause 405 consequentially amends section 121A(2) of the Livestock Disease Control Act 1994 addressing information relating to Council land. Clause 406 repeals spent Acts relating to the former administration of the City of Brimbank, the City for Greater Geelong and the Rural City of Wangaratta. Clause 407 makes consequential amendments to specified Acts specified in the heading of Schedule 1 of the Bill.
Clause 408 amends definitions in clause 3 of the Bill to include sexual harassment as a behaviour that may constitute serious misconduct or gross misconduct. This will take effect on 1 July 2019. Division 7—Repeal of this Part and Schedule 1 Clause 409 repeals Part 12 and Schedule 1 of the Bill on 1 January 2021. This does not affect the continuing operation of these clauses. Schedule 1—Consequential amendments to other Acts Item 1 consequentially amends the Aboriginal Heritage Act 2006 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 2 consequentially amends the Access to Medical Cannabis Act 2016 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 3 consequentially amends the Alpine Resorts Act 1983 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 4 consequentially amends the Alpine Resorts (Management) Act 1997 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 5 consequentially amends the Associations Incorporation Reform Act 2012 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 6 consequentially amends the Audit Act 1994 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 7 consequentially amends the Australian Grands Prix Act 1994 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 8 consequentially amends the Building Act 1993 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 9 consequentially amends the Carers Recognition Act 2012 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 10 consequentially amends the Catchment and Land Protection Act 1994 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 11 consequentially amends the Caulfield Racecourse Reserve Act 2017 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 12 consequentially amends the Cemeteries and Crematoria Act 2003 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 13 consequentially amends the Charter of Human Rights and Responsibilities Act 2006 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 14 consequentially amends the Child Wellbeing and Safety Act 2005 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 15 consequentially amends the Climate Change Act 2017 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 16 consequentially amends the Constitution Act 1975 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 17 consequentially amends the Country Fire Authority Act 1958 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 18 consequentially amends the Credit (Commonwealth Powers) Act 2010 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 19 consequentially amends the Criminal Procedure Act 2009 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 20 consequentially amends the Crown Land (Reserves) Act 1978 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 21 consequentially amends the Cultural and Recreational Lands Act 1963 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 22 consequentially amends the Dangerous Goods Act 1985 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 23 consequentially amends the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 24 consequentially amends the Development Victoria Act 2003 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 25 consequentially amends the Disability Act 2006 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 26 consequentially amends the Docklands Act 1991 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 27 consequentially amends the Domestic Animals Act 1994 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 28 consequentially amends the Drugs Poisons and Controlled Substances Act 1981 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 29 consequentially amends the Duties Act 2000 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 30 consequentially amends the Eastlink Project Act 2004 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 31 consequentially amends the Education and Training Reform Act 2006 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 32 consequentially amends the Electoral Act 2002 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 33 consequentially amends the Electoral Boundaries Commission Act 1982 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 34 consequentially amends the Electricity Act 2000 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 35 consequentially amends the Electricity Safety Act 1998 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 36 consequentially amends the Environment Protection Act 1970 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 37 consequentially amends the Equipment (Public Safety) Act 1994 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 38 consequentially amends the Essential Services Commission Act 2001 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 39 consequentially amends the Evidence (Miscellaneous Provisions) Act 1958 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 40 consequentially amends the Fences Act 1968 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 41 consequentially amends the Filming Approval Act 2014 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 42 consequentially amends the Fines Reform Act 2014 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 43 consequentially amends the Fire Services Property Levy Act 2012 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 44 consequentially amends the Firearms Act 1996 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 45 consequentially amends the Fisheries Act 1995 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 46 consequentially amends the Food Act 1984 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 47 consequentially amends the Freedom of Information Act 1982 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 48 consequentially amends the Gambling Regulation Act 2003 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 49 consequentially amends the Gas Industry Act 2001 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 50 consequentially amends the Geelong Market Site Act 1983 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 51 consequentially amends the Gene Technology Protection Act 1970 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 52 consequentially amends the Graffiti Prevention Act 2007 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 53 consequentially amends the Health (Fluoridation) Act 1973 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 54 consequentially amends the Health Complaints Act 2016 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 55 consequentially amends the Health Records Act 1983 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 56 consequentially amends the Heavy Vehicles National Law Application Act 2013 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 57 consequentially amends the Heritage Act 2017 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 58 consequentially amends the Housing Act 1983 to replace references to the Local Government Act 1989 with the Local Government Act 2018. Item 59 consequentially amends the Impounding of Livestock Act 1994 to replace references to the Local Government Act 1989 with the Local Government Act 2018 and amend the definition of public notice. Item 60 consequentially amends the Yüklə 123,15 Kb. Dostları ilə paylaş:
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