Victorian Local Government Grants Commission Act 1976
No. 8887 of 1976
Version incorporating amendments as at
6 April 2020
table of provisions
Section Page
1 Short title and commencement 1
2 Definitions 1
3 Establishment of the Victorian Local Government Grants Commission 3
4 Meeting of the Commission 4
5 Illness or suspension of members 4
6 Remuneration of members 4
7 Removal of members 5
8 Vacation of office of members 5
9 Staff 6
10 Commission may require Council to provide information 6
12 Allocation of funds by the Commission 7
16 Referral by the Minister 7
17 Annual Allocation Report 8
19 Regulations 9
20 Construction of references 9
Endnotes 11
1 General information 11
2 Table of Amendments 13
3 Amendments Not in Operation 16
4 Explanatory details 17
Version No.032
Victorian Local Government Grants Commission Act 1976
No. 8887 of 1976
Version incorporating amendments as at
6 April 2020
An Act to establish a Victoria Grants Commission to determine the Allocation of Financial Assistance to Municipalities in Victoria and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
S. 1(1) amended by No. 9/2020 s. 366.
(1) This Act may be cited as the Victorian Local Government Grants Commission Act 1976.
(2) The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or by successive proclamations of the Governor in Council published in the Government Gazette.
S. 2 amended by No. 86/1998 s. 25 (ILA s. 39B(1)).
2 Definitions
(1) In this Act, unless inconsistent with the context or subject-matter—
S. 2(1) def. of As-of-Right Entitlement substituted by No. 38/1987 s. 4(a), amended by Nos 12/1989 s. 4(1)(Sch. 2 item 127.1), 74/2000 s. 3(Sch. 1 item 137.1), repealed by No. 9/2020 s. 367(a).
S. 2(1) def. of chairman amended by No. 38/1987 s. 5(a).
chairperson means the chairperson of the Commission and includes an acting chairperson;
S. 2(1) def. of Commission substituted by No. 9/2020 s. 367(b).
Commission means the Victorian Local Government Grants Commission;
S. 2(1) def. of Council inserted by No. 12/1989 s. 4(1)(Sch. 2 item 127.2) amended by No. 9/2020 s. 367(c).
Council has the same meaning as in the Local Government Act 2020;
S. 2(1) def. of member amended by No. 38/1987 s. 5(a).
member means the chairperson or another member of the Commission and includes chairperson or member;
S. 2(1) def. of Minister inserted by No. 38/1987 s. 4(b).
Minister means the Minister administering this Act.
S. 2(1) def. of municipality repealed by No. 12/1989 s. 4(1)(Sch. 2 item 127.3).
S. 2(2) inserted by No. 86/1998 s. 25, substituted by No. 59/2003 s. 126, repealed by No. 74/2006 s. 30.
S. 3 (Heading) inserted by No. 9/2020 s. 368(1).
3 Establishment of the Victorian Local Government Grants Commission
S. 3(1) amended by No. 9/2020 s. 368(2).
(1) For the purpose of this Act there shall be a body by the name of the Victorian Local Government Grants Commission.
S. 3(1A) inserted by No. 9/2020 s. 368(3).
(1A) Despite the change of name, the Victorian Local Government Grants Commission is the same body as the Victoria Grants Commission.
S. 3(2) amended by No. 38/1987 s. 5(a).
(2) The Commission shall consist of a chairperson and two other members appointed by the Governor in Council.
S. 3(3) amended by No. 38/1987 s. 6, repealed by No. 9/2020 s. 368(4).
S. 3(4) amended by No. 38/1987 s. 5(b).
(4) Subject to this Act each member shall be appointed and hold office for such period of not more than five years as is specified in the instrument of that member's appointment and shall be eligible for re-appointment.
S. 3(5) amended by No. 46/1998
s. 7(Sch. 1), substituted by No. 108/2004 s. 117(1) (Sch. 3 item 216.1).
(5) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a member of the Commission in respect of the office of member.
S. 4 amended by No. 38/1987 s. 5(a)(c), substituted by No. 9/2020 s. 369.
4 Meeting of the Commission
(1) A meeting of the Commission must include at least 2 members.
(2) Subject to this Act, the procedure of the Commission is to be determined by the Commission.
(3) An act or decision of the Commission is not invalid by reason only of—
(a) a vacancy in the office of a member; or
(b) a defect or irregularity in the appointment of a member.
S. 5
amended by No. 38/1987 s. 5(b).
5 Illness or suspension of members
In the case of the illness suspension or absence of any member, the Governor in Council may appoint a person to act as the deputy of the member during that member's illness suspension or absence, and the deputy shall, whilst so acting, have all the powers and perform all the duties of a member.
6 Remuneration of members
S. 6(1) amended by No. 38/1987 s. 5(a).
(1) The chairperson and each of the other members of the Commission shall each receive such remuneration and travelling and other allowances as are determined by the Governor in Council.
(2) Subject to this Act, members of the Commission shall hold office on such terms and conditions as are determined by the Governor in Council.
S. 6(3) amended by Nos 38/1987 s. 5(d), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 64).
(3) Any person who at the date of that person's appointment as a member of the Commission is an officer within the meaning of the State Superannuation Act 1988 shall, notwithstanding that person's appointment, be deemed to continue subject to that Act to be an officer within the meaning of that Act.
S. 6(4) amended by Nos 38/1987 s. 5(d), 23/1988 s. 61(10)
(a)–(c).
(4) Any person who at the date of that person's appointment as a member of the Commission is an employee within the meaning of the Local Authorities Superannuation Act 1988 shall, notwithstanding that person's appointment as a member, be deemed to continue subject to that Act to be an employee within the meaning of that Act and in relation to any such employee the Commission shall be deemed to be an authority within the meaning of that Act.
S. 7 substituted by No. 9/2020 s. 370.
7 Removal of members
The Governor in Council may by an Order in Council remove a member from office.
S. 8
amended by No. 38/1987 s. 5(b).
8 Vacation of office of members
A member shall be deemed to have vacated that member's office if—
S. 8(a) amended by No. 38/1987 s. 5(b)(e).
(a) that member becomes bankrupt or that member's property becomes subject to control under the law relating to bankruptcy, or that member compounds with that member's creditors or makes an assignment of the whole or any part of any remuneration to which that member is or may be entitled pursuant to this Act for their benefit;
S. 8(b) amended by No. 38/1987 s. 5(e), repealed by No. 9/2020 s. 371.
S. 8(c) amended by No. 38/1987 s. 5(b)(e).
(c) that member becomes permanently incapable of performing that member's duties; or
S. 8(d) amended by No. 38/1987 s. 5(b).
(d) resigns that member's office by writing under that member's hand addressed to the Governor in Council.
S. 9 substituted by No. 46/1998
s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 216.2).
9 Staff
A secretary and any other employees that are necessary to assist the Commission in carrying out its functions under this Act are to be employed under Part 3 of the Public Administration Act 2004.
S. 10 amended by Nos 38/1987 s. 7, 12/1989 s. 4(1)(Sch. 2 item 127.4), substituted by No. 9/2020 s. 372.
10 Commission may require Council to provide information
(1) The Commission may by written notice require a Council to provide information that the Commission requires to enable the Commission to perform its functions—
(a) in the form; and
(b) containing the particulars; and
(c) by the date—
specified in the written notice.
(2) A Council must comply with a written notice given to the Council under subsection (1).
S. 11
repealed by No. 38/1987 s. 8.
S. 12 amended by Nos 38/1987 ss 9, 10, 12/1989 s. 4(1)(Sch. 2 item 127.6), 74/2000 s. 3(Sch. 1 item 137.2), substituted by No. 9/2020 s. 373.
12 Allocation of funds by the Commission
(1) The Commission must on or before 31 August in each year determine the amount to be allocated to each Council in that year.
(2) The Commission must determine the allocations in accordance with the Local Government (Financial Assistance) Act 1995 of the Commonwealth and any principles formulated under section 6 of that Act.
(3) A determination of the Commission is not invalid if it is made after 31 August in a financial year.
S. 13 amended by No. 38/1987 s. 11(a)(b), repealed by No. 9/2020 s. 374.
S. 14 amended by Nos 38/1987 s. 5(f), 12/1989 s. 4(1)(Sch. 2 item 127.7), repealed by No. 9/2020 s. 374.
S. 15 amended by No. 12/1989 s. 4(1)(Sch. 2 items 127.8, 127.9), substituted by No. 125/1993 s. 20(13), repealed by No. 9/2020 s. 374.
S. 16 substituted by No. 9/2020 s. 375.
16 Referral by the Minister
(1) The Minister may refer any matter relating to local government finances to the Commission.
(2) For the purposes of a referral under subsection (1), Division 5 of Part 7 of the Local Government Act 2020 applies, with such modifications as are necessary, as if the Commission had been appointed as a Commission of Inquiry under section 200 of that Act.
S. 17 (Heading) inserted by No. 9/2020 s. 376(1).
17 Annual Allocation Report
S. 17(1) amended by No. 9/2020 s. 376(2)(a).
(1) The Commission shall on or before the 30th day of November in each year furnish the Minister with an Annual Allocation Report including a report on the activities of the Commission during the preceding year ending on the 31st day of August.
S. 17(2) amended by No. 9/2020 s. 376(2)(b).
(2) Without limiting the generality of subsection (1) the Annual Allocation Report shall—
S. 17(2)(a) amended by No. 12/1989 s. 4(1)(Sch. 2 item 127.10).
(a) contain a summary of the amounts last determined by the Commission to be allocated to councils; and
S. 17(2)(b) amended by No. 38/1987
s. 12.
(b) report on any inquiries conducted by the Commission pursuant to the powers conferred by section 16; and
S. 17(2)(c) inserted by No. 38/1987 s. 12, amended by Nos 74/2000 s. 3(Sch. 1 item 137.3), 9/2020 s. 376(2)(c).
(c) contain details of the methods used by the Commission in determining the amounts allocated to each council over the years since the last such details were contained in such a report.
S. 17(3) amended by Nos 38/1987 s. 5(g), 9/2020 s. 376(2)(d).
(3) The Minister shall cause every Annual Allocation Report furnished to the Minister under this section to be laid before both Houses of Parliament within 30 days of receiving the Annual Allocation Report if Parliament is then sitting or if Parliament is not then sitting within 30 days after the next meeting of Parliament.
S. 18 amended by Nos 69/2009 s. 54(Sch. Pt 2 item 56), 67/2014 s. 147(Sch. 2 item 41), repealed by No. 9/2020 s. 377.
19 Regulations
The Governor in Council may make regulations prescribing all matters which are required or permitted to be prescribed or which are necessary to be prescribed for carrying out or giving effect to this Act and in particular regulating the practice and procedure of the Commission.
S. 20 inserted by No. 9/2020 s. 378.
20 Construction of references
(1) Any reference to the Victoria Grants Commission Act 1976 in any Act, subordinate instrument, agreement or other document, so far as it relates to any period after the commencement of Division 4 of Part 11 of the Local Government Act 2020, is to be construed as a reference to the Victorian Local Government Grants Commission Act 1976, unless the contrary intention appears.
(2) Any reference to the Victoria Grants Commission in any Act, subordinate instrument, agreement or other document, so far as it relates to any period after the commencement of Division 4 of Part 11 of the Local Government Act 2020, is to be construed as a reference to the Victorian Local Government Grants Commission, unless the contrary intention appears.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Victoria Grants Commission Act 1976 was assented to on 26 October 1976 and came into operation on 16 February 1977: Government Gazette 9 February 1977 page 319.
The title of this Act was changed from the Victoria Grants Commission Act 1976 to the Victorian Local Government Grants Commission Act 1976 by section 366 of the Local Government Act 2020, No. 9/2020.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Local Government Grants Commission Act 1976 by Acts and subordinate instruments.