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This is a Bill, not an Act. For current law, see the Acts databases.


Local Government (Moira Shire Council) Bill 2023

Local Government (Moira Shire Council) Act 2023
                               No.       of 2023


                       TABLE OF PROVISIONS
Clause                                                               Page

Part 1--Preliminary                                                      1
 1       Purpose                                                        1
 2       Commencement                                                   2
 3       Definition                                                     2
 4       Construction of Act                                            2
Part 2--Dismissal of Moira Shire Council                                 3
 5  Dismissal of Moira Shire Council                                    3
 6  Order in Council                                                    3
 7  Provisions applying in respect of an 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                    6
 10 Second general election                                             6
Part 3--Consequential amendment of Local Government Act 2020             7
 11 Entitlements relating to enrolment                                  7
 12 Voting is compulsory                                                8
 13 Repeal of this Part                                                 9
                         ═════════════
Endnotes                                                               10
 1       General information                                           10




                                     i
      Local Government (Moira Shire
            Council) Act 2023 
                    No.           of 2023

                           [Assented to                        ]


The Parliament of Victoria enacts:

                 Part 1--Preliminary
     1 Purpose
             The purpose of this Act is--
              (a) to dismiss the Moira Shire Council; and
              (b) to provide for the appointment of an
                  administrator or a panel of administrators for
                  the Moira Shire Council; and
              (c) to provide for the expiry of the Order in
                  Council; and



                              1
    Local Government (Moira Shire Council) Act 2023
                  No.       of 2023
                  Part 1--Preliminary


        (d) to provide for a second general election for
            the Moira Shire Council; and
        (e) to make consequential amendments to the
            Local Government Act 2020.
2 Commencement
       This Act comes into operation on the day after the
       day on which it receives the Royal Assent.
3 Definition
       In this Act--
       Order in Council means the first Order in Council
           made under section 6 and any further Order
           in Council made under that section.
4 Construction of Act
       This Act must be read and construed as if it was
       part of the Local Government Act 1989 and the
       Local Government Act 2020.




                          2
     Local Government (Moira Shire Council) Act 2023
                   No.       of 2023
         Part 2--Dismissal of Moira Shire Council



Part 2--Dismissal of Moira Shire Council
 5 Dismissal of Moira Shire Council
    (1) The Moira Shire Council is dismissed.
    (2) The persons holding office as Councillors of the
        Moira Shire Council cease to hold office.
    (3) Nothing in this Act affects the continuity of the
        Moira 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, on the recommendation
        of the Minister, may by Order in Council
        published in the Government Gazette, do any or
        all of the following--
         (a) appoint an administrator or panel of
             administrators for the Moira Shire Council;
         (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 an 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 Moira Shire Council under
        section 6--




                           3
Local Government (Moira Shire Council) Act 2023
              No.       of 2023
    Part 2--Dismissal of Moira Shire Council


    (a) the administrator or the panel of
        administrators constitutes the Moira 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
        Moira Shire Council, which must be treated
        as if they were performed by the Moira 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 Moira Shire
        Council, which must be treated as if they
        were performed by a Councillor of the Moira
        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
        of administrators, must perform all the
        functions, powers and duties of the Mayor of
        the Moira Shire Council, which must be
        treated as if they were performed by the
        Mayor of the Moira 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 Moira Shire
        Council;




                      4
    Local Government (Moira Shire Council) Act 2023
                  No.       of 2023
        Part 2--Dismissal of Moira 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
              (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
       takes effect on the date specified in the Order in
       Council.




                          5
     Local Government (Moira Shire Council) Act 2023
                   No.       of 2023
         Part 2--Dismissal of Moira Shire 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 Moira Shire Council
        or the Chairperson or a member of a committee of
        the Moira 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 Second general election
    (1) Despite section 257(1)(b) of the Local
        Government Act 2020, a second general election
        of Councillors for the Moira Shire Council is to be
        held on the fourth Saturday in October 2028.
    (2) The Chief Executive Officer must summon a
        meeting of the Moira Shire Council within
        14 days after the day the election manager for the
        second general election publicly declares the
        result of the second general election.
    (3) The Order in Council expires when that meeting
        of the Moira Shire Council starts.




                           6
        Local Government (Moira Shire Council) Act 2023
                      No.       of 2023
  Part 3--Consequential amendment of Local Government Act 2020



Part 3--Consequential amendment of Local
         Government Act 2020
  11 Entitlements relating to enrolment
            For section 240(12) of the Local Government
            Act 2020 substitute--
          "(12) For the purposes of the following elections
                the Chief Executive Officer or the VEC
                under an agreement with the Chief Executive
                Officer, must not later than 30 days before
                the close of the roll, send a notice which
                includes the information prescribed by the
                regulations to each person who was enrolled
                on the previous voters' roll under
                section 243--
                   (a) the second general election to be
                       conducted under section 257(1)(b);
                   (b) the general election of Councillors for
                       the Whittlesea City Council to be held
                       on the fourth Saturday in October 2024;
                   (c) the general election of Councillors for
                       the Casey City Council to be held on
                       the fourth Saturday in October 2024;
                   (d) the second general election of
                       Councillors for the Moira Shire Council
                       to be held on the fourth Saturday in
                       October 2028.
                 Notes
                    1. Section 10(1) of the Local Government
                       (Whittlesea City Council) Act 2020 and
                       section 10(1) of the Local Government
                       (Casey City Council) Act 2020 provide that a
                       general election for the Whittlesea City Council
                       and Casey City Council is to be held on the
                       fourth Saturday in October 2024.




                               7
      Local Government (Moira Shire Council) Act 2023
                    No.       of 2023
Part 3--Consequential amendment of Local Government Act 2020


                  2. Section 10(1) of the Local Government
                     (Moira Shire Council) Act 2023 provides that
                     a second general election for the Moira Shire
                     Council is to be held on the fourth Saturday in
                     October 2028.".
12 Voting is compulsory
     (1) For section 266(2) of the Local Government
         Act 2020 substitute--
         "(2) Subject to subsection (4), for the purposes of
              the following elections, it is compulsory for
              a person who is enrolled under Division 1 on
              the voters' roll to vote in any election for the
              ward in respect of which the person is
              enrolled--
                 (a) the second general election to be
                     conducted under section 257(1)(b);
                 (b) the general election of Councillors for
                     the Whittlesea City Council or the
                     Casey City Council to be held on the
                     fourth Saturday in October 2024;
                 (c) the second general election of
                     Councillors for the Moira Shire Council
                     to be held on the fourth Saturday in
                     October 2028;
                 (d) each general election conducted after
                     the second general election or the
                     elections specified in paragraphs (b)
                     and (c).
               Notes
                  1. Section 10(1) of the Local Government
                     (Whittlesea City Council) Act 2020 and
                     section 10(1) of the Local Government
                     (Casey City Council) Act 2020 provide that a
                     general election for the Whittlesea City Council
                     and Casey City Council is to be held on the
                     fourth Saturday in October 2024.




                             8
      Local Government (Moira Shire Council) Act 2023
                    No.       of 2023
Part 3--Consequential amendment of Local Government Act 2020


                    2. Section 10(1) of the Local Government
                       (Moira Shire Council) Act 2023 provides that
                       a second general election for the Moira Shire
                       Council is to be held on the fourth Saturday in
                       October 2028.".
13 Repeal of this Part
           This Part is repealed on the first anniversary of its
           commencement.
    Note
    The repeal of this Part does not affect the continuing operation of
    the amendments made by it (see section 15(1) of the
    Interpretation of Legislation Act 1984).
                  ═════════════




                                9
               Local Government (Moira Shire Council) Act 2023
                             No.       of 2023
                                        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 Moira Shire Council, to provide for a second general election for the
      Moira Shire Council, to make consequential amendments to the Local
      Government Act 2020 and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




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