{"id":"local-government-moira-shire-council-act-2023","name":"Local Government (Moira Shire Council) Act 2023","slug":"local-government-moira-shire-council-act-2023","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176353,"registerId":"vic-local-government-moira-shire-council-act-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government (Moira Shire Council) Act 2023","content":"Version No. 002\n\n**Local Government (Moira Shire Council) Act 2023**\n\n**No. 3 of 2023**\n\nVersion incorporating amendments as at  \n10 March 2024\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definition 1\n\n4 Construction of Act 2\n\nPart 2—Dismissal of Moira Shire Council 3\n\n5 Dismissal of Moira Shire Council 3\n\n6 Order in Council 3\n\n7 Provisions applying in respect of an administrator or panel of administrators appointed under section 6 3\n\n8 Effect of Order in Council 5\n\n9 Construction of provisions in any Act or document 5\n\n10 Second general election 6\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **002**\n\n**Local Government (Moira Shire Council) Act 2023**\n\n**No. 3 of 2023**\n\nVersion incorporating amendments as at  \n10 March 2024\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is—\n\n(a) to dismiss the Moira Shire Council; and\n\n(b) to provide for the appointment of an administrator or a panel of administrators for the Moira Shire Council; and\n\n(c) to provide for the expiry of the Order in Council; and\n\n(d) to provide for a second general election for the Moira Shire Council; and\n\n(e) to make consequential amendments to the **Local Government Act 2020**.\n\n\t2 Commencement\n\nThis Act comes into operation on the day after the day on which it receives the Royal Assent.\n\n\t3 Definition\n\nIn this Act—\n\n***Order in Council*** means the first Order in Council made under section 6 and any further Order in Council made under that section.\n\n\t4 Construction of Act\n\nThis Act must be read and construed as if it was part of the **Local Government Act 1989** and the **Local Government Act 2020**.\n\nPart 2—Dismissal of Moira Shire Council\n\n\t5 Dismissal of Moira Shire Council\n\n(1) The Moira Shire Council is dismissed.\n\n(2) The persons holding office as Councillors of the Moira Shire Council cease to hold office.\n\n(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.\n\n\t6 Order in Council\n\nThe 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—\n\n(a) appoint an administrator or panel of administrators for the Moira Shire Council;\n\n(b) if a panel of administrators is appointed, appoint one of the administrators to be the Chairperson of the panel of administrators;\n\n(c) appoint a person to fill a vacancy in the office of an administrator;\n\n(d) appoint a temporary administrator in the place of an administrator to act in the administrator's absence or incapacity to act.\n\n\t7 Provisions applying in respect of an administrator or panel of administrators appointed under section 6\n\nThe following provisions apply in respect of the appointment of an administrator or a panel of administrators of the Moira Shire Council under section 6—\n\n(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;\n\n(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;\n\n(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;\n\n(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;\n\n(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;\n\n(f) an administrator—\n\n(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\n\n(ii) may resign by a written notice of resignation addressed to the Governor in Council;\n\n(g) the office of an administrator becomes vacant if the administrator—\n\n(i) becomes bankrupt; or\n\n(ii) dies; or\n\n(iii) is removed or resigns from office; or\n\n(iv) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or\n\n(v) becomes incapable of performing the duties of the office.\n\n\t8 Effect of Order in Council\n\nThe first Order in Council made under section 6 takes effect on the date specified in the Order in Council.\n\n\t9 Construction of provisions in any Act or document\n\nIf 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  \n\nin 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.\n\n\t10 Second general election\n\n(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.\n\n(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.\n\n(3) The Order in Council expires when that meeting of the Moira Shire Council starts.\n\nPt 3 (Heading and ss 11–13) repealed by No. 3/2023 s. 13.\n\n* * * * *\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 7 March 2023*\n\n*Legislative Council: 7 March 2023*\n\nThe 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.\"\n\nThe **Local Government (Moira Shire Council) Act 2023** was assented to on 9 March 2023 and came into operation on 10 March 2023: section 2.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Local Government (Moira Shire Council) Act 2023** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Local Government (Moira Shire Council) Act 2023, No. 3/2023**\n\n| Assent Date: | 9.3.23 |\n| --- | --- |\n| Commencement Date: | S. 13 on 10.3.23: s. 2 |\n| Note: | S. 13 repealed Pt 3 (ss 11–13) on 10.3.24 |\n| Current State: | This information relates only to the provision/s amending the **Local Government (Moira Shire Council) Act 2023** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act implements a targeted, temporary removal and replacement of the Moira Shire Council by appointed administrators and schedules a fresh election (s 1, ss 5–10). It does not expand powers beyond replacing council functions, nor extend beyond the specified expiry linked to the 2028 election."},"complexity_factors":["Single-purpose, time-limited statute focused on one local council (s 1, s 5) — limits breadth.","Executive appointment mechanism concentrates decision-making with Minister and Governor in Council (s 6) — introduces ministerial discretion.","Administrators assume full statutory functions of council, councillors and mayor while in office (s 7(a)–(c)) — legal substitution is broad but procedurally simple.","Payment and employment conditions are set by the Minister but charged to the council (s 7(e)) — creates a clear who-pays linkage and potential budgetary impact on the council.","Removal, vacancy and resignation grounds for administrators are listed (s 7(f)–(g)) — reduces ambiguity about tenure.","Interoperation requirement with existing Local Government Acts (s 4) — requires reading across statutes but not complex rules.","Automatic conversion of council representation roles to administrators for external bodies during Order in Council (s 9) — administrative continuity mechanism."],"plain_english_summary":"This Act dismisses the Moira Shire Council and removes its elected councillors; the Governor in Council, on the Minister’s recommendation, may appoint an administrator or panel to perform all council, councillor and mayor functions while an Order in Council is in force (ss 5–7). Administrators’ remuneration and conditions are fixed by the Minister and paid by the Moira Shire Council (s 7(e)); a second general election is set for the fourth Saturday in October 2028 and the Order expires when the new council meets (s 10)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence of scope change from the original intent. The Act appears to remain a targeted, single-council intervention measure as likely introduced. However, the severely fragmented source document makes it impossible to confirm this with full confidence."},"complexity_factors":["The Act is narrowly targeted at a single specific council, limiting broad legal complexity","This type of intervention legislation typically follows a well-established Victorian template, reducing novelty","The source document provided is severely incomplete — mostly version history metadata — making full analysis impossible","Interaction with the broader Local Government Act 2020 (Vic) may add some complexity around powers and obligations","Short-term temporal provisions (sunset clauses or election return dates) can create compliance complexity for affected parties"],"plain_english_summary":"This Act authorises state intervention in Moira Shire Council, enabling dismissal or suspension of elected councillors and appointment of administrators to govern temporarily. It targets governance of the Moira Shire local government area.\n\nIt affects residents, ratepayers, council staff and local businesses by replacing elected representation with appointed administrators until conditions and timelines for restoration of an elected council are met, marking a significant democratic change for the community."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: the dismissal of Moira Shire Council, appointment of administrators, and scheduling of a replacement election. The only amendment to date (March 2024) repealed Part 3, which contained transitional provisions that were time-limited and have now expired. This contraction of scope actually narrowed the Act rather than expanding it."},"complexity_factors":["Very short statute (only 10 operative sections, with Part 3 repealed)","Single defined term ('Order in Council')","Minimal cross-referencing (only references to Local Government Act 1989, Local Government Act 2020, and one specific section override)","Straightforward procedural structure with no nested exceptions or conditional logic beyond basic 'if panel appointed, then chairperson' scenarios","Purpose-built, time-limited intervention with clear sunset clause (2028 election)"],"plain_english_summary":"**What this law does:**\n\nThis Act fires the entire elected council of Moira Shire (a local government area in Victoria) and puts an appointed administrator (or panel of administrators) in charge instead. It also schedules a fresh election for October 2028.\n\n**Who it affects:**\n\n- **Residents of Moira Shire** – they lose their elected representatives until the 2028 election.\n- **Former Councillors** – they immediately lose their jobs and cannot act as councillors.\n- **The appointed administrator(s)** – they take over all council powers, effectively becoming the mayor and council rolled into one, until the new election.\n\n**Key points:**\n\n- **Immediate dismissal** – The entire Moira Shire Council is sacked; all councillors cease holding office immediately.\n- **Administrator takes over** – The Victorian Government (specifically the Governor in Council, acting on the Minister's advice) appoints one or more administrators to run the council. These administrators exercise all the powers of the council, the councillors, and the mayor.\n- **Protection from technical slip-ups** – Even if there's a problem with how an administrator was appointed, their decisions remain valid.\n- **Fresh election locked in** – Despite normal local government rules, a new election *must* happen on the fourth Saturday in October 2028. Once that election result is declared and the new council meets, the administrator's rule automatically ends.\n- **Consequential tweaks** – The Act also makes minor adjustments to the Local Government Act 2020 to accommodate this intervention.\n\n**Why it matters:**\n\nThis is a rare and serious intervention by the State Government into local democracy. It removes the right of local residents to elect their representatives for over five years, replacing them with government appointees. Such dismissals typically follow significant governance failures, financial mismanagement, or dysfunction within a council."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-moira-shire-council-act-2023","history":"/api/acts/local-government-moira-shire-council-act-2023/history","analysis":"/api/acts/local-government-moira-shire-council-act-2023/analysis","conflicts":"/api/acts/local-government-moira-shire-council-act-2023/conflicts","importantCases":"/api/acts/local-government-moira-shire-council-act-2023/important-cases","documents":"/api/acts/local-government-moira-shire-council-act-2023/documents"}}