239Restructuring advisory panels

239 Restructuring advisory panels (1) The Minister may by a public notice published in the Government Gazette constitute a restructuring advisory panel to review a matter under section 235. S. 239(1A) inserted by No. 23/2024 s. 32. (1A) The Minister may by instrument appoint any person, on the terms and conditions specified in the instrument, to be a member of a restructuring advisory panel. (2) In conducting a review, a restructuring advisory panel must— (a) consider the views of any Council affected by the matter under consideration; and (b) ensure that a process of community engagement is followed; and (c) comply with any direction specified by the Minister in the notice constituting the restructuring advisory panel; and (d) otherwise conduct the review in a manner that the restructuring advisory panel considers appropriate. (3) The restructuring advisory panel must consider the following matters before recommending to the Minister that a new Council should be created— (a) whether each Council affected by the creation of the new Council and the new Council will be viable and sustainable as separate entities; (b) whether the allocation of revenue and expenditure between each Council affected by the creation of the new Council and the new Council will be equitable for the municipal community of each Council; (c) whether the views of the municipal communities affected by the creation of the new Council have been taken into consideration; (d) whether the new Council will have sufficient financial capacity to provide the municipal community with a comprehensive range of municipal services and to undertake necessary investment in infrastructure; (e) any other matter specified in the notice published under subsection (1). (4) A restructuring advisory panel must submit a final report to the Minister within the period specified by the Minister in the notice constituting the restructuring advisory panel. Part 8—Electoral provisions Division 1—Voters 240 Entitlements relating to enrolment (1) A person can only be enrolled on the voters' roll of a Council if the person is a resident in the municipal district of the Council or a ratepayer to the Council exercising an entitlement under and in accordance with this Division. (2) Despite anything to the contrary in this Division, a person can only be enrolled on the voters' roll once and for one ward in a municipal district. (3) A person can only be enrolled on the voters' roll if— (a) the person has an entitlement under section 241 or 243(1) as a resident or ratepayer to be enrolled without application as at the close of the roll; or (b) the person is entitled under section 242, 243(2) or 244 as a ratepayer to apply to be enrolled and the application— (i) complies with subsection (7); and (ii) is accepted in accordance with this Division; or (c) the person is appointed to vote on behalf of a corporation under section 245 and the application for appointment— (i) complies with subsection (7); and (ii) is accepted in accordance with this Division. (4) A person cannot exercise a right of entitlement conferred by section 242, 244 or 245 if the person has a right of entitlement under section 241 or 243. (5) For the purposes of subsection (3)(b) and (c), only 2 joint owners and only 2 joint occupiers can be enrolled in respect of each rateable property. (6) An application for enrolment made under section 242, 244 or 245 is void if— (a) the application for enrolment is made by an owner and there are 2 joint owners already enrolled in respect of the rateable property at the date that the application is made; or (b) the application is made by an occupier and there are 2 joint occupiers already enrolled in respect of the rateable property at the date that the application is made. (7) An application referred to in subsection (3)(b) or (c) must— (b) contain the details required by the regulations; and (c) be delivered to the Council office before the close of the roll. S. 240(8) amended by No. 30/2022 s. 36(1). (8) Enrolment under an application referred to in section 242(1) has effect after it is accepted from the close of the roll and continues in force until the person who is enrolled— (a) ceases to be an owner of the rateable property; or (b) resigns the enrolment by an application under section 242(2); or (c) becomes otherwise enrolled as a resident in respect of an address in the municipal district under section 241. (9) Enrolment under an application referred to in sections 244 and 245 has effect from the next close of the roll after it is accepted and continues in force until the day before the subsequent close of the roll for a general election. (10) 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 244 or 245. (11) For the purposes of the first general election to be conducted under section 257(1)(a), 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 14, 15 or 16 of the **Local Government Act 1989**. S. 240(12) amended by No. 30/2022 s. 36(2)(3), substituted by No. 3/2023 s. 11. (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. 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.