39Allowances for Mayors, Deputy Mayors and Councillors

39 Allowances for Mayors, Deputy Mayors and Councillors (1) A Mayor or a Deputy Mayor is entitled to receive from the Council an allowance as a Mayor or a Deputy Mayor in accordance with a Determination of the Victorian Independent Remuneration Tribunal under the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**. (2) A Councillor is entitled to receive from the Council an allowance as a Councillor in accordance with a Determination of the Victorian Independent Remuneration Tribunal under the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**. (3) A Mayor or a Deputy Mayor is not entitled to receive an allowance as a Councillor while the Mayor or Deputy Mayor is receiving an allowance as a Mayor or a Deputy Mayor. (4) A Council cannot pay an allowance to a Mayor, Deputy Mayor or Councillor that exceeds the amount specified in the relevant Determination of the Victorian Independent Remuneration Tribunal under the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**. (5) A Mayor, Deputy Mayor or Councillor may elect— (a) to receive the entire allowance to which they are entitled; or (b) to receive a specified part of the allowance to which they are entitled; or (c) to receive no allowance. (6) Despite the repeal of sections 73B and 74 to 74B of the **Local Government Act 1989** and sections 26, 26A and 27 of the **City of Melbourne Act 2001** and sections 12, 13, 14 and 15 of the **City of Greater Geelong Act 1993**, those sections continue to apply in respect of allowances payable to Mayors, Deputy Mayors and Councillors until the first Determination made by the Victorian Independent Remuneration Tribunal under section 23A of the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019** comes into effect. (7) For the purposes of giving effect to subsection (6), an Order in Council made under section 74B of the **Local Government Act 1989** may determine the amounts of allowances for different categories of Councillors.