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Local Government (Central Goldfields
Shire Council) Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 provides that the Bill comes into operation on the day after the
day on which it receives the Royal Assent.
Clause 3 provides that the Bill must be read and construed as if it was part
of the Local Government Act 1989.
Clause 4 defines Order in Council for the purposes of the Bill.
Clause 5 subclause (1) provides that the Central Goldfields Shire Council
is dismissed.
Subclause (2) provides that the persons holding office as
Councillors of the Central Goldfields Shire Council cease
to hold office.
Subclause (3) provides that the Bill does not affect the continuity
of the Central Goldfields Shire Council as constituted under the
Bill by the administrator or panel of administrators appointed
under the Order in Council.
Clause 6 provides that, on the recommendation of the Minister, the
Governor in Council may by Order in Council published in
the Government Gazette do any or all of the following--
• appoint an administrator or a panel of administrators
for the Central Goldfields Shire Council;
581454 1 BILL LA INTRODUCTION 22/8/2017
• if a panel of administrators is appointed, appoint one of
the administrators to be the Chairperson of the panel of
administrators;
• appoint a person to fill a vacancy in the office of an
administrator; and
• appoint a temporary administrator in the place of an
administrator to act in the administrator's absence or
incapacity to act.
Clause 7 provides that certain provisions apply in respect of the
appointment of an administrator or a panel of administrators
of the Central Goldfields Shire Council under clause 6 of the
Bill. In particular--
• subclause (a) provides that the administrator or 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
• subclause (b) provides that, 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.
• subclause (c) provides that, 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 Central Goldfields Shire Council,
which must be treated as if they were performed by
the Mayor of the Central Goldfields Shire Council.
• subclause (d) provides that an administrator's
appointment and anything done by an administrator
is not invalid only by reason of a defect in relation
to the appointment.
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• subclause (e) provides that 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.
• subclause (f) provides that an administrator must not,
without the Minister's consent, directly or indirectly
engage in any paid employment outside the duties of
the office of administrator. In addition, it provides
that an administrator may resign by a written notice
of resignation addressed to the Governor in Council.
• subclause (g) provides that the office of an administrator
becomes vacant if the administrator--
• becomes bankrupt;
• dies;
• is removed or resigns form office;
• is convicted of an indictable offence or an
offence which, if committed in Victoria,
would be an indictable offence; or
• becomes incapable of performing the duties of
the office
Clause 8 provides that the first Order in Council made under clause 6 of
the Bill takes effect on the date specified in the Order in Council.
Clause 9 provides that 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 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.
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Clause 10 subclause (1) provides that 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.
Subclause (2) provides that 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.
Subclause (3) provides that the Order in Council expires when
that meeting of the Central Goldfields Shire Council starts.
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