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This is a Bill, not an Act. For current law, see the Acts databases.
Local Government (Central Goldfields Shire
Council) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Construction of Act 2
4 Definition 2
5 Dismissal of Central Goldfields Shire 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
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Endnotes 6
1 General information 6
i
Local Government (Central Goldfields
Shire Council) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to--
(a) dismiss the Central Goldfields Shire
Council; and
(b) provide for the appointment of an
administrator or a panel of administrators for
the Central Goldfields Shire Council; and
(c) provide for the expiry of the Order in
Council; and
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Local Government (Central Goldfields Shire Council) Act 2017
No. of 2017
(d) provide for a general election for the Central
Goldfields Shire 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 Central Goldfields Shire Council
(1) The Central Goldfields Shire Council is
dismissed.
(2) The persons holding office as Councillors of the
Central Goldfields Shire Council cease to hold
office.
(3) Nothing in this Act affects the continuity of the
Central Goldfields Shire 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 Central Goldfields
Shire Council;
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Local Government (Central Goldfields Shire Council) Act 2017
No. of 2017
(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
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 Central Goldfields Shire
Council under section 6 of this Act--
(a) the administrator or the panel of
administrators constitutes the Central
Goldfields Shire Council and, subject to any
conditions of the administrator's appointment
or administrators' appointments, must
perform all the functions, powers and duties
of the Central Goldfields Shire Council,
which must be treated as if they were
performed by the Central Goldfields Shire
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 Central
Goldfields Shire Council, which must be
treated as if they were performed by a
Councillor of the Central Goldfields Shire
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
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Local Government (Central Goldfields Shire Council) Act 2017
No. of 2017
of administrators, must perform all the
functions, powers and duties of the Mayor of
the Central Goldfields Shire Council, which
must be treated as if they were performed by
the Mayor of the Central Goldfields Shire
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 Central
Goldfields Shire 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
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Local Government (Central Goldfields Shire Council) Act 2017
No. of 2017
(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.
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 Central Goldfields
Shire Council or the Chairperson or a member of a
committee of the Central Goldfields Shire 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
Central Goldfields Shire Council is to be held on
the fourth Saturday in October 2020.
(2) The Chief Executive Officer must summon a
meeting of the Central Goldfields Shire 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 Central Goldfields Shire Council starts.
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Local Government (Central Goldfields Shire Council) Act 2017
No. of 2017
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 Central Goldfields Shire Council and provide for a general election
for that Council and for other purposes."
By Authority. Government Printer for the State of Victoria.
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