Local Government Amendment (Offences and Other Matters) Act 2009

Local Government Amendment (Offences and Other Matters) Act 2009

No. 64 of 2009

table of provisions

SectionPage

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Penalty Levels

4Provisions relating to appointments and enrolments

5Provision of voters' rolls

6Offences relating to voters' rolls—penalty

7Unlawful nomination

8Interfering with rights

9Printing and publication of electoral advertisements, handbills, pamphlets or notices

10Misleading or deceptive matter

11Heading to electoral advertisements

12Authors to be identified

13Distribution of printed electoral material

14Offences relating to ballot-papers

15Offence to interfere with postal ballot materials

16Bribery, treating and undue influence

17Infringement of secrecy

18Penalty on officers

19Return by candidate—penalty

20Penalty for acting as Councillor if incapable

21Misuse of position—penalty

22Disclosure of conflict of interest

23Requirements to be observed by an assembly of Councillors

24Members of Council staff to disclose conflicts of interest in respect of delegated functions

25Persons to disclose interests to Council when providing advice

26Register of interests—penalty

27Definitions—Amendment of section 81A

28Access of Commissioner to places, documents etc.

29Improper use of information

30Offences relating to investigations

31Authorised officers

32Obstructing Council

33False written declaration

34Penalties

35Regulations—repeal of general penalty

Part 3—Miscellaneous and Technical
Amendments

36Definitions

37Offences relating to voters' rolls

38Disqualifications

39Governor in Council may give directions

40Return by candidate

41Certain gifts not to be accepted

42New sections 66AA and 66AB inserted

66AAOrder for return of allowances or entitlements

66ABOffences committed by person acting as Councillor

43Definition—Amendment of section 76AA

44General Councillor conduct principles

45Misuse of position

46Indirect interest because of receipt of an applicable gift

47Certain situations where Councillor taken to not have a
conflict of interest

48Exemption by Minister

49Register of interests

50Voting

51Repeal of section 97B

52Power to make local laws

53New section 111A inserted

111AGuidelines

54Penalties

55Procedure for making a local law

56Availability of local laws

57Rebates and concessions

58Restriction on power to enter into contracts

59Regional libraries

60Conflicts of interest, ineligibility or unavailability of
Councillor Conduct Panel members—Amendment of
Schedule 5

61Regulations—Amendment of Schedule 12

Part 4—Technical Amendments to City of Melbourne Act 2001

62Application of certain provisions of the Local Government Act1989

63Establishment of the Docklands Co-ordination Committee

64Orders to continue

Part 5—Repeal of Amending Act

65Repeal of amending Act

═══════════════

Endnotes

1

SectionPage

Victoria

1

SectionPage

1

SectionPage

Local Government Amendment (Offences and Other Matters) Act 2009[†]

No. 64 of 2009

[Assented to 17 November 2009]

1

Local Government Amendment (Offences and Other Matters) Act 2009
No. 64 of 2009

1

Local Government Amendment (Offences and Other Matters) Act 2009
No. 64 of 2009

The Parliament of Victoriaenacts:

1

Part 5—Repeal of Amending Act

Local Government Amendment (Offences and Other Matters) Act 2009
No. 64 of 2009

Part 1—Preliminary

1Purposes

The main purposes of this Act are to—

(a)amend the Local Government Act 1989 to—

(i)amend certain penalties for offences so that they are consistent with the Sentencing Act 1991;

(ii)provide for the increase of certain penalties for offences to reflect current community expectations;

(iii)enhance the operation of the Act;

(b)amend the City of Melbourne Act 2001 to make certain technical amendments.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 September 2010, it comes into operation on that day.

3Principal Act

See:
Act No.
11/1989.
Reprint No. 10
as at
2 April 2009.
LawToday:
www.
legislation.
vic.gov.au

In this Act, the Local Government Act 1989 is called the Principal Act.

______

Part 2—Amendment of Penalty Levels

4Provisions relating to appointments and enrolments

s. 4

Section 17(5) of the Principal Act is repealed.

5Provision of voters' rolls

(1)For the penalty at the foot of section 24C(3) of the Principal Act substitute—

"Penalty:120 penalty units.".

(2)For the penalty at the foot of section 24C(11) of the Principal Act substitute—

"Penalty:In the case of a natural person, 120penalty units;

In the case of a body corporate, 600penalty units.".

6Offences relating to voters' rolls—penalty

(1)In section 27(1) of the Principal Act, after "an offence" insert "and liable to a fine not exceeding 120penalty units".

(2)The penalty at the foot of section 27(1) of the Principal Act is repealed.

(3)In section 27(2) of the Principal Act, after "anoffence" insert "and liable to a fine not exceeding 120penalty units".

(4)The penalty at the foot of section 27(2) of the Principal Act is repealed.

(5)For section 27(3) of the Principal Act substitute—

"(3)A person who intentionally gives to the Chief Executive Officer, or a person authorised by the Chief Executive Officer, false or misleading information in relation to—

(a)the entitlement of a person to be enrolled on a voters' roll; or

(b)a person's enrolment details on or for use on a voters' roll—

is guilty of an offence and liable to a fine not exceeding 120penalty units.".

7Unlawful nomination

s. 7

(1)In section 52(1) of the Principal Act, after "anoffence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units".

(2)The penalty at the foot of section 52(1) of the Principal Act is repealed.

(3)In section 52(2) of the Principal Act, after "anoffence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units".

(4)The penalty at the foot of section 52(2) of the Principal Act is repealed.

8Interfering with rights

(1)For the penalty at the foot of section 54(1) of the Principal Act substitute—

"Penalty:120 penalty units or imprisonment for 1year.".

(2)For section 54(5) of the Principal Act substitute—

"(5)A person must not interfere with or attempt to interfere with a voter when the voter is marking his or her ballot-paper.

Penalty:120 penalty units or imprisonment for 1 year.".

9Printing and publication of electoral advertisements, handbills, pamphlets or notices

s. 9

In the penalty at the foot of section 55(1) of the Principal Act, for "20 penalty units"substitute "50penalty units".

10Misleading or deceptive matter

(1)For the penalty at the foot of section 55A(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, 60penalty units or imprisonment for 6months;

In the case of a body corporate, 300penalty units.".

(2)For the penalty at the foot of section 55A(2) of the Principal Act substitute—

"Penalty:In the case of a natural person, 60penalty units or imprisonment for 6months;

In the case of a body corporate, 300penalty units.".

11Heading to electoral advertisements

In the penalty at the foot of section 55Bof the Principal Act, for "20 penalty units" substitute "50penalty units".

12Authors to be identified

In the penalty at the foot of section 55C(1) of the Principal Act, for "20 penalty units" substitute "50penalty units".

13Distribution of printed electoral material

(1)For the penalty at the foot of section 56(1) of the Principal Act substitute—

"Penalty:60 penalty units.".

(2)For the penalty at the foot of section 56(2) of the Principal Act substitute—

"Penalty:60 penalty units.".

14Offences relating to ballot-papers

s. 14

(1)Section 58(1) of the Principal Act is repealed.

(2)In section 58(2) of the Principal Act, after "anoffence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units".

(3)The penalty at the foot of section 58(2) of the Principal Act is repealed.

(4)In section 58(3) of the Principal Act, after "anoffence" insert "and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units".

(5)The penalty at the foot of section 58(3) of the Principal Act is repealed.

(6)In section 58(4) of the Principal Act, after "anoffence" insert "and liable to a fine not exceeding 10 penalty units".

(7)The penalty at the foot of section 58(4) of the Principal Act is repealed.

(8)In section 58(5) of the Principal Act, after "anoffence" insert "and liable to a fine not exceeding 10 penalty units".

(9)The penalty at the foot of section 58(5) of the Principal Act is repealed.

15Offence to interfere with postal ballot materials

For the penalty at the foot of section 58A(1) of the Principal Act substitute—

"Penalty:240 penalty units or imprisonment for 2years.".

16Bribery, treating and undue influence

s. 16

(1)For the penalty at the foot of section 59(1) of the Principal Act substitute—

"Penalty:600 penalty units or imprisonment for 5years.".

(2)For the penalty at the foot of section 59(2) of the Principal Act substitute—

"Penalty:600 penalty units or imprisonment for 5years.".

17Infringement of secrecy

(1)For the penalty at the foot of section 60(2) of the Principal Act substitute—

"Penalty:120 penalty units or imprisonment for 1year.".

(2)Section 60(3)(a) of the Principal Act is repealed.

(3)For the penalty at the foot of section 60(3) of the Principal Act substitute—

"Penalty:120 penalty units or imprisonment for 1year.".

(4)Section 60(4) of the Principal Act is repealed.

18Penalty on officers

(1)In section 61 of the Principal Act, after "anoffence" insert "and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 60 penalty units".

(2)The penalty at the foot of section 61 of the Principal Act is repealed.

19Return by candidate—penalty

(1)In section 62(7) of the Principal Act, after "anoffence" insert "and liable to a fine not exceeding 60 penalty units".

(2)The penalty at the foot of section 62(7) of the Principal Act is repealed.

20Penalty for acting as Councillor if incapable

s. 20

(1)In section 66 of the Principal Act, after "anoffence" insert "and liable to a term of imprisonment not exceeding 1 year or to a fine not exceeding 120 penalty units".

(2)The penalty at the foot of section 66 of the Principal Act is repealed.

21Misuse of position—penalty

For the penalty at the foot of section 76D(1) of the Principal Act substitute—

"Penalty:600 penalty units or imprisonment for 5years or both.".

22Disclosure of conflict of interest

(1)In section 79(9) of the Principal Act, after "anoffence" insert "and liable to a fine not exceeding 120 penalty units".

(2)The penalty at the foot of section 79(9) of the Principal Act is repealed.

23Requirements to be observed by an assembly of Councillors

For the penalty at the foot of section 80A(3) of the Principal Actsubstitute—

"Penalty:120 penalty units.".

24Members of Council staff to disclose conflicts of interest in respect of delegated functions

For the penalty at the foot of section 80B(2) of the Principal Actsubstitute—

"Penalty:120 penalty units.".

25Persons to disclose interests to Council when providing advice

s. 25

For the penalty at the foot of section 80C(2) of the Principal Actsubstitute—

"Penalty:60 penalty units.".

26Register of interests—penalty

(1)For the penalty at the foot of section 81(2)of the Principal Actsubstitute—

"Penalty:60 penalty units.".

(2)For the penalty at the foot of section 81(4) of the Principal Actsubstitute—

"Penalty:60 penalty units.".

(3)For the penalty at the foot of section 81(5)of the Principal Actsubstitute—

"Penalty:60 penalty units.".

(4)For the penalty at the foot of section 81(6) of the Principal Actsubstitute—

"Penalty:60 penalty units.".

(5)For the penalty at the foot of section 81(7) of the Principal Actsubstitute—

"Penalty:60 penalty units.".

(6)For the penalty at the foot of section 81(14) of the Principal Actsubstitute—

"Penalty:60 penalty units.".

27Definitions—Amendment of section 81A

In section 81A of the Principal Act, in paragraph (a)(ii) of the definition of gross misconduct, for "10 penalty units" substitute "60 penalty units".

28Access of Commissioner to places, documents etc.

s. 28

For the penalty at the foot of section 213(4) of the Principal Actsubstitute—

"Penalty:60 penalty units.".

29Improper use of information

For the penalty at the foot of section 220E of the Principal Act substitute—

"Penalty:120 penalty units.".

30Offences relating to investigations

For the penalty at the foot of section 223C(1) of the Principal Act substitute—

"Penalty:240 penalty units or imprisonment for 2years or both.".

31Authorised officers

(1)In section 224(8) of the Principal Act, after "anoffence" insert "and liable to a fine not exceeding 60 penalty units".

(2)The penalty at the foot of section 224(8) of the Principal Act is repealed.

32Obstructing Council

(1)In section 238 of the Principal Act, after "anoffence" insert "and liable to a fine not exceeding 60 penalty units".

(2)The penalty at the foot of section 238 of the Principal Act is repealed.

33False written declaration

For the penalty at the foot of section 238A of the Principal Act substitute—

"Penalty:120 penalty units.".

34Penalties

Section 240(1) of the Principal Act is repealed.

35Regulations—repeal of general penalty

s. 35

In section 243(3)(h) of the Principal Act omit"or6 months imprisonment".

______

Part 3—Miscellaneous and Technical Amendments

36Definitions

s. 36

(1)Insert the following definitions in section 3(1) of the Principal Act—

"Council staff means the persons who are members of Council staff;

gift disclosure threshold means $200 or a higher amount or value prescribed by the regulations;

member of Council staff means a natural person who is employed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) to enable—

(a)the functions of the Council under this Act or any other Act to be carried out;

(b)the Chief Executive Officer to carry out his or her functions;

Note

The Chief Executive Officer is also a member of Council staff—see section 94(2).".

(2)In section 3(1) of the Principal Act, at the foot ofthe definition of public noticeinsert—

"Note

See also section 82A(2) which requires any public notice to be given by the Council to be published on the Internet website of the Council.".

(3)In section 3(1) of the Principal Act, in paragraph(b) of the definition of senior officer, for "any officer" substitute "a member of Council Staff".

37Offences relating to voters' rolls

s. 37

In section 27(1) of the Principal Act, after "Council staff" insert "or any person employed or contracted to perform a function under this Division".

38Disqualifications

In section 29(2) of the Principal Act—

(a)in paragraph (a), after "section" insert "66,";

(b)in paragraph (ab), after "section" insert "52(1), 52(2), 54(1),";

(c)in paragraph (ab), after "55A(1)," insert "55A(2),";

(d)in paragraph (ab), omit "56A,";

(e)in paragraph (ab), omit "58(1),".

39Governor in Council may give directions

In section 43(1) of the Principal Act—

(a)for paragraph (e),substitute—

"(e)give directions in connection with any election or poll to—

(i)any Council or any member of Council staff; or

(ii)any other public body or any officer of a public body; and";

(b)in paragraph (f), for "or an officer of any Council or other" substitute ", member of Council staff or an officer of any other".

40Return by candidate

(1)In section 62(2)(b) of the Principal Act, for "$200" (wherever occurring) substitute "the gift disclosure threshold".

(2)After section 62(7) of the Principal Act insert—

"(7A)If a person is found guilty or convicted of an offence under subsection (7), a court may make an order that the offender give a return under subsection (1) that is not false or misleading in a material particular.".

41Certain gifts not to be accepted

s. 41

In section 62B of the Principal Act, for "$200" (wherever occurring) substitute "the gift disclosure threshold".

42New sections 66AAand 66AB inserted

After section 66 of the Principal Act insert—

"66AAOrder for return of allowances or entitlements

If a person is found guilty or convicted of an offence under section 66, the court may order that the person return to the Council any allowances, reimbursements, equipment or materials the person received as a result of acting as Councillor for the period that the person acted as Councillor while incapable of being or continuing to be a Councillor.

66ABOffences committed by person acting as Councillor

A person who acts as a Councillor while incapable of being or continuing to be a Councillor, other than because of unsound mind, and who engages in conduct that would constitute an offence under this Act if that person were a Councillor, is guilty of that offence as if he or she were a Councillor.".

43Definition—Amendment of section 76AA

s. 43

Insert the following definition in section 76AA of the Principal Act—

"not-for-profit organisation means a body or organisation that—

(a)operates exclusively for charitable, civil or other social purposes; and

(b)does not share or allocate the funds or profits of the body or organisation with the owners, shareholders or executives of the body or organisation;".

44General Councillor conduct principles

In section 76BA(c) of the Principal Act, for "council officers" substitute "Council staff".

45Misuse of position

In section 76D(2) of the Principal Act—

(a)in paragraph (e), for "unauthorised." substitute "unauthorised; or";

(b)after paragraph (e) insert—

"(f)failing to disclose a conflict of interest as required under this Division.".

46Indirect interest because of receipt of an applicable gift

For section 78C(1) of the Principal Act substitute—

"(1)In this section, applicable gift means one or more gifts with a total value of, or more than, the gift disclosure threshold, received from a person or persons specified in subsection (2) in the 5years preceding the decision or the exercise of the power, duty or function but does not includereasonable hospitality provided to a Mayor, Councillor or member of Council staffby a not-for-profit organisation at any function or event that—

(a)is conducted during those 5 years; and

(b)is attended by the Mayor, Councillor or member of Council staff in an official capacity.".

47Certain situations where Councillor taken to not have a conflict of interest

s. 47

In section 79C(1) of the Principal Act—

(a)after "the matter" insert "only";

(b)in paragraph (i), for "legislation." substitute "legislation;";

(c)after paragraph (i), insert—

"(j)the conduct of a Councillor with respect to—

(i)an internal dispute that involves the Councillor;

(ii)an allegation of misconduct or serious misconduct (as defined in section 81A) by the Councillor.".

48Exemption by Minister

After the heading to section 80 of the Principal Act insert—

"(1AA)Despite section 79, the Minister may, of his or her own motion, exempt in writing a person, other than a Councillor, from any or all of the provisions of section 79 for an unlimited or specified period, subject to any conditions the Minister thinks fit if the Minister is satisfied that—

(a)extraordinary circumstances exist that justify the exemption of the person; and

(b)it is in the public interest to exempt the person.

(1AB)In exempting a person under subsection (1AA), the Minister must have regard to the extent of the conflict of interest of the person.".

49Register of interests

s. 49

(1)In section 81(7)(e) of the Principal Act, for "$200" substitute "the gift disclosure threshold".

(2)In section 81(13B) of the Principal Act, after "member of" insert "a".

(3)In section 81(14) of the Principal Act, for "person employed by the Council" substitute "member of Council staff".

50Voting

In section 90(2) of the Principal Act, for"87(3), 88(3) or 88(4)," substitute "87(3) or 87(4),".

51Repeal of section 97B

Section 97B of the Principal Act is repealed.

52Power to make local laws

After section 111(4) of the Principal Act insert—

"(5)A Council must have regard to any guidelines made by the Minister under section 111A when making local laws.

(6)A Council must comply with any prescribed details relating to the preparation and content of local laws when making local laws.".

53New section 111A inserted

s. 53

After section 111 of the Principal Act insert—

"111AGuidelines

(1)The Minister may make guidelines for or with respect to—

(a)the preparation, content and format of local laws; and

(b)the details to be set out in any explanatory documents prepared in relation to proposed local laws.

(2)The Minister must cause the guidelines to be published in the Government Gazette.

(3)The guidelines take effect on the date of publication in the Government Gazette or such later date as is specified in the guidelines.

(4)A Council may disregard any guidelines that are inconsistent with the Regulations.".

54Penalties

In section 115(1)(b) of the Principal Act, after "day after" insert "a finding of guilt or".

55Procedure for making a local law

(1)In section 119(2)(b) of the Principal Act, after "local law" insert "and any explanatory document".

(2)After section 119(2) of the Principal Act insert—