74Copy of authenticated report thereof

74 Copy of authenticated report thereof S. 74(1) amended by Nos 57/1989 s. 3(Sch. item 28.3), 95/1997 s. 3(c), 68/2009 s. 97(Sch. item 25.2). (1) In any civil criminal or mixed proceeding for or on account or in respect of the publication, in written or electronic form, of any copy of such report paper votes or proceedings the defendant or accused at any stage of the proceeding may lay before the court such report paper votes or proceedings and such copy, with an affidavit verifying such report paper votes or proceedings and the correctness of such copy. S. 74(2) amended by No. 57/1989 s. 3(Sch. item 28.4). (2) The court shall immediately stay such proceeding; and the same and every writ or process issued therein shall be determined and superseded by virtue of this Act. S. 74(3) amended by No. 68/2009 s. 97(Sch. item 25.3). (3) It shall be lawful, in any civil criminal or mixed proceeding for printing any abstract of such report paper votes or proceedings, to give in evidence such report paper votes or proceedings, and to show that such abstract was published bona fide and without malice; and if such is the opinion of the judge or of the jury (as the case may be) in any such proceeding a judgment or a verdict (as the case may require) shall be entered for the defendant or accused. S. 74AA inserted by No. 95/1997 s. 4. 74AA Transmission and broadcasting of Parliamentary proceedings No action or proceeding, civil, criminal or mixed, lies against a person who— (a) transmits or broadcasts by electronic means any proceedings— (i) of the Council or the Assembly, or both of them; or (ii) of a committee of the Council or the Assembly, or both of them; or (b) broadcasts or re-broadcasts by electronic means a recording of any proceedings— (i) of the Council or the Assembly, or both of them; or (ii) of a committee of the Council or the Assembly, or both of them— with the authority of the Council, Assembly or committee (as the case requires). S. 74AB inserted by No. 40/2001 s. 3, repealed by No. 40/2001 s. 5. [[11]](#endnote-12) Pt 2A (Heading and ss 74A–74D) inserted by No. 9254 s. 2(c), amended by Nos 9576 s. 11(1), 9870 ss 2, 3(a)–(e), 9937 s. 2, substituted as Pt 2A (Heading and ss 74A, 74B) by No. 55/1988 s. 3. Part IIA—Local government S. 74A substituted by No. 55/1988 s. 3. 74A Local government S. 74A(1) substituted by No. 2/2003 s. 18. (1) Local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district. S. 74A(1A) inserted by No. 2/2003 s. 18. (1A) Subject to section 74B, each Council— (a) is responsible for the governance of the area designated by its municipal boundaries; and (b) is constituted by democratically elected Councillors as the governing body which is— (i) accountable for its decisions and actions; and (ii) responsible for ensuring good governance; and (c) includes an administration which— (i) implements the decisions of the Council; and (ii) facilitates the performance of the duties and functions of the Council. (2) An elected Council does not have to be constituted in respect of any area in Victoria— (a) which is not significantly and permanently populated; or (b) in which the functions of local government are carried out by or under arrangements made by a public statutory body which is carrying on large-scale operations in the area. S. 74B substituted by No. 55/1988 s. 3. 74B Local government laws (1) Parliament may make any laws it considers necessary for or with respect to— (a) the constitution of Councils; and (b) the objectives, functions, powers, duties and responsibilities of Councils; and (c) entitlement to vote and enrolment for elections of Councils; and (d) the conduct of and voting at elections of Councils; and (e) the counting of votes at elections of Councils; and (f) the qualifications to be a Councillor; and (g) the disqualification of a person from being or continuing to be a Councillor; and (h) the powers, duties and responsibilities of Councillors and Council staff; and (i) any other act, matter or thing relating to local government administration. (2) A Council cannot be dismissed except by an Act of Parliament relating to the Council. (3) Parliament may make laws for or with respect to— (a) the suspension of a Council; and (b) the administration of a Council during a period in which the Council is suspended or dismissed; and (c) the re-instatement of a Council which has been suspended; and (d) the election of a Council if a suspended Council is not re-instated; and (e) the election of a Council where a Council has been dismissed. Part III—The Supreme Court of the State of Victoria No. 6387 s. 6.