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Local Government Amendment
(Electoral Matters) Bill 2011
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the provisions of the Bill to come into operation on a
day or days to be proclaimed or, if not proclaimed sooner, on
1 January 2012.
PART 2--LOCAL GOVERNMENT ACT 1989
Part 2 contains clauses which amend the Local Government Act 1989.
Clause 3 substitutes a new section 31 of the Local Government Act 1989
which alters the day on which general elections of Councillors
for all Councils must be held. The next general election for all
Councils is to be held on the fourth Saturday in October 2012 and
thereafter on the fourth Saturday in October every four years.
The Governor in Council, on the recommendation of the
Minister, may nevertheless make an Order in Council to change
the election day in respect of one or more Councils, to another
Saturday as near as possible to that election day. In making the
Order, the Governor in Council must have regard to the need to
ensure the conduct of a participatory and secure election.
The Minister may make a recommendation to the Governor in
Council only if satisfied that an event or circumstance could
adversely affect the conduct of the relevant general election if it
were to be held on that day. Such a recommendation cannot be
571097 1 BILL LA INTRODUCTION 28/6/2011
made after the day on which nominations for the general election
close.
Examples of events and circumstances that could adversely affect
a general election are provided in this section.
Clause 4 amends section 62(1) of the Local Government Act 1989 as a
consequence of the change to the election day for general
elections by clause 3. All candidates at an election must lodge a
campaign donation return to the Council's Chief Executive
Officer within 40 days after election day (instead of 60 days).
Clause 5 amends section 62A(1) of the Local Government Act 1989 as a
consequence of the change to the election day for general
elections by clause 3. A Council's Chief Executive Officer must
within 14 days after the deadline for lodgement of campaign
donation returns by candidates, submit a report to the Minister
with details of returns received (instead of 28 days).
The change in deadlines for lodgement of and reporting on
returns by clauses 4 and 5 avoids having those deadlines
occurring in close proximity to Christmas Day.
Clause 6 amends section 71(3)(a) and (3)(ab) of the Local Government
Act 1989 by moving forward the period for which the Mayor of
a Council must be elected, as a consequence of the change to the
election day for general elections by clause 3. The Councillors of
a Council must elect the Mayor between the fourth Saturday in
October and 30 November each year. If the Mayor is elected for
2 years, the next election of the Mayor is to take place between
the fourth Saturday in October and 30 November in the second
year after the election.
Clause 7 amends section 74(1) of the Local Government Act 1989 as a
consequence of the change to the election day for general
elections by clause 3. A Council must review and determine
Councillor and Mayoral allowances within 6 months of a general
election or by the next 30 June, whichever is later.
Clause 8 amends section 219F of the Local Government Act 1989 as a
consequence of the change to the election day for general
elections by clause 3.
Subclause (1) amends section 219F(10) of the Local
Government Act 1989 by making the existing arrangements for
submission of final reports on electoral representation reviews
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subject to transitional arrangements specific to submission of
reports in 2012.
Subclause (2) inserts a new section 219F(10A) of the Local
Government Act 1989 by providing that the reviewer must
submit a copy of its final report on an electoral representation
review to the Council and the Minister not later than 5 months
before the 2012 general elections (instead of 6 months).
PART 3--CITY OF MELBOURNE ACT 2001
Part 3 contains clauses which amend the City of Melbourne Act 2001.
Clause 9 amends section 5(5) of the City of Melbourne Act 2001 to
extend the application of various provisions of the Local
Government Act 1989 relating to electoral representation
reviews and subdivision reviews, to the Melbourne City Council,
which are specified in a new Part 5A of the City of Melbourne
Act 2001.
Clause 10 inserts a new Part 5A in the City of Melbourne Act 2001 to
provide that Divisions 2, 3 and 4 of Part 10 of the Local
Government Act 1989 apply to the Melbourne City Council
subject to the following modifications:
· The purpose of electoral representation reviews as set
out in section 219A of the Local Government Act
1989 applies to all Councillors of the Melbourne City
Council other than the Lord Mayor and Deputy Lord
Mayor.
· The Minister may by notice in writing require the
reviewer of electoral representation reviews to consider
any matters in the conduct of the review and making of
recommendations.
· The Minister cannot make a recommendation to the
Governor in Council to make an order under
section 220Q of the Local Government Act 1989 to
alter the electoral structure of the Melbourne City
Council to implement an electoral representation review
or subdivision review of the Council. Any changes to
the Council's electoral structure arising from such
reviews would require amendment to the City of
Melbourne Act 2001.
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PART 4--GENERAL
Clause 11 amends section 10(1) of the Local Government (Brimbank
City Council) Act 2009 as a consequence of the change to the
election day for general elections by clause 3. The next general
election for the Brimbank City Council is to be held on the fourth
Saturday in October 2012.
Clause 12 repeals the Local Government Amendment (Electoral
Matters) Act 2011 on the first anniversary of the day on which it
receives Royal Assent.
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