| s 11(1)(a) |
Duty to established a business register of unclaimed money |
2 Delegates
|
Where Council is operating as a business. |
| s 11(1)(b) |
Duty to by 31 March each year enter in the business register the prescribed details in relation to unclaimed money held as at 1 March in that year. |
1 Delegates
|
Where Council is operating as a business. |
| s 11(3) |
Power to deduct out of unclaimed money payable to an owner an amount in respect of the reasonable expenses of a business in holding unclaimed money and locating the owner. |
1 Delegates
|
Where Council is operating as a business.
|
| s 12(1)(a) |
Duty to pay to the Registrar an amount equal to all amounts of unclaimed money held on that 1 March less any amounts that have been paid to the owner and any amounts deducted under subsection (3) or section 11(3) |
1 Delegates
|
Where Council is operating as a business. |
| s 12(1)(b) |
Duty to lodge a return with the Registrar. |
1 Delegates
|
Where Council is operating as a business. |
| s 29(1) |
Power to apply to the Registrar for repayment of an overpayment of unclaimed money. |
1 Delegates
|
Where Council is operating as a business
Application must be made within 5 years after the payment of unclaimed money to the Registrar.
Application under this section cannot be made for money paid to the Registrar under s 12 or 14 of this Act if the Registrar has previously served a notice of assessment or reassessment on the business or trustee that relates to the payment that would be the subject of the application.
|
| s 43 |
Function of being liable to pay interest on the amount payable that remains unpaid if a default occurs |
1 Delegates
|
Where Council is operating as a business.
|
| s 48 |
Function of being liable to pay a penalty in addition to the amount payable that remains unpaid. |
1 Delegates
|
Where Council is operating as a business.
|
| s 53 |
Duty to pay the penalty within the period specified for that purpose in a notice of assessment or reassessment. |
1 Delegates
|
Where Council is operating as a business. |
| s 56(1) |
Power to lodge a written objection with the Registrar. |
2 Delegates
|
Where Council is operating as a business.
|
| Parts 4, 6 and 8 |
Powers, functions and duties of a sponsor of a cultural heritage management plan under Parts 4, 6 and 8 of the Aboriginal Heritage Act 2006. |
1 Delegates
|
|
| s 74A(1) |
Power to enter into an Aboriginal cultural heritage land management agreement with a registered Aboriginal party |
1 Delegates
|
|
| s 74E(1) |
Duty to give copy of Aboriginal cultural heritage land management agreement to Secretary of the Department of Premier and Cabinet |
1 Delegates
|
|
| s 132 |
Power to nominate a body to which assets should be returned |
3 Delegates
|
Where a wound up incorporated association has assets consisting of property supplied by Council (which includes the unexpended portion of a grant) |
| s 13(1) |
Duty to pay, to the Consolidated Fund, an amount determined by the Auditor-General to defray the reasonable costs and expenses incurred by or on behalf of the AuditorGeneral in conducting an audit of the financial statements of the public body and expressing an audit opinion on Council under s 11 |
2 Delegates
|
|
| s 13(4) |
Power to dispute the reasonableness of an amount to be paid |
3 Delegates
|
|
| s 17(1) |
Function of being consulted by the Auditor-General |
3 Delegates
|
|
| s 18(1) |
Function of receiving a final specification of a performance audit
|
3 Delegates
|
|
| s 18(4)(a) |
Function of receiving an amended specification |
3 Delegates
|
|
| s 18(4)(b) |
Function of being consulted by the Auditor-General |
3 Delegates
|
|
| s 23(1) |
Power to enter into an agreement with the Auditor-General for the provision of other auditing services |
1 Delegates
|
|
| s 44 |
Function of receiving a written notice and power to give consent to entry |
3 Delegates
|
The CEO should be consulted before the power is exercised. |
| s 45 |
Power to consent to earlier entry |
3 Delegates
|
The CEO should be consulted before the power is exercised. |
| s 46(1) |
Power to request that the Auditor-General, or authorised person, produce proof of identity |
3 Delegates
|
|
| s 47 |
Duty to provide all reasonable assistance necessary to each of the people listed in s 47(a) – (c) who attends for the purposes of the Auditor-General, or authorised person, exercising the power to enter and inspect Council's premises |
3 Delegates
|
|
| s 48 |
Power to request that the Auditor-General or authorised person serve an information gathering notice |
3 Delegates
|
|
| s 58(2)(a)(i) & (ii) |
Duty to give Council's officer or employee a reasonable opportunity to respond in relation to the adverse material |
3 Delegates
|
|
| s 65(2) |
Duty to give Council's officer or employee a reasonable opportunity to respond in relation to the adverse material |
3 Delegates
|
|
| s 68(1) |
Function of receiving information acquired by the AuditorGeneral |
3 Delegates
|
Where Council is a specified entity |
| s 3(1) |
Power to appoint municipal building surveyor |
1 Delegates
|
The person must be a registered building surveyor (unlimited) as required by s 213 |
| s 11(2) |
Duty to publish notice in a newspaper if regulation under Part 2 ceases to have effect |
2 Delegates
|
|
| s 25AD(1) |
Function of receiving written notice of the occurrence of each prescribed event and the prescribed information relating to that event |
3 Delegates
|
|
| s 25BE |
Function of receiving the building permit number and the information given to the Victorian Building Authority (Authority) by the relevant building surveyor under s 18AA in relation to the application for the building permit number |
3 Delegates
|
|
| s 29A |
Function of giving consent to building permit for demolition in its capacity as responsible authority under the Planning and Environment Act 1987 |
3 Delegates
|
|
| s 29B(1) |
Duty to give notice where amendment of planning scheme sought in its capacity as responsible authority under the Planning and Environment Act 1987 |
4 Delegates
|
|
| s 29B(3) |
Duty to give notice where request for amendment withdrawn, refused etc. in its capacity as responsible authority under the Planning and Environment Act 1987 |
4 Delegates
|
|
| s 30 |
Function of receiving copy permit, plans and other documents |
3 Delegates
|
|
| s 30B |
Function of receiving checklist confirming all relevant documents to be provided by building surveyor |
3 Delegates
|
|
| s 31(1) |
Duty to keep register of building permits |
4 Delegates
|
|
| s 31(2) |
Duty to make register available for inspection |
4 Delegates
|
|
| s 32 |
Duty to keep documents |
4 Delegates
|
|
| s 32A(2) |
Duty to provide Development Victoria notice setting out information in s 32A(3) and a copy of any relevant planning permit within 14 days after being given a copy of building permit under s 30(1), in certain circumstances where s 32A(1) applies |
4 Delegates
|
|
| s 66(b)(i) |
Function of determining fees |
2 Delegates
|
|
| s 73 |
Function of receiving copy permit, plans and other documents |
3 Delegates
|
|
| s 74(1) |
Duty to keep register of occupancy permits, temporary approvals and amendments |
4 Delegates
|
|
| s 74(2) |
Duty to make register available for inspection |
3 Delegates
|
|
| s 75 |
Duty to keep documents |
3 Delegates
|
|
| s 80 |
Function of receiving notification of appointment |
3 Delegates
|
|
| s 80A(3)(a) |
Function of receiving written notice of designated building surveyor referred to in s 80A(2) |
3 Delegates
|
|
| s 80A(4)(a) |
Function of receiving notice of the new designated building surveyor |
3 Delegates
|
|
| s 80C(4)(c) |
Function of receiving a copy of the transfer form |
3 Delegates
|
|
| s 80D(6)(b) |
Function of receiving notification of functions being transferred from an employee building surveyor or a designated building surveyor in accordance with a direction under s 80D(1) or (2) |
3 Delegates
|
|
| s 81(2) |
Function of receiving notification for work terminated |
3 Delegates
|
|
| s 83F |
Function of receiving notice of appointment of manager for private building surveyor's business from the Authority |
3 Delegates
|
|
| s 101(2) |
Function of receiving copy documents |
3 Delegates
|
|
| s 120(2)(a) |
Function of receiving notification that an order is complied with |
3 Delegates
|
|
| s 123(1) |
Power to determine whether to recover from the owner the costs of work carried out or action taken under Part 8 Division 3 of the Act by the municipal building surveyor as a debt due to Council pursuant to s 123(1) of the Act |
2 Delegates
|
|
| s 123(2) |
Power to determine whether to apply any sum or part of any sum for which a bond or undertaking is deposited with Council under a condition imposed on a permit under s 22 of the Act towards the costs of carrying out work or taking action pursuant to s 123(2) of the Act |
2 Delegates
|
|
| s 125(1) |
Function of receiving copy notice or order |
3 Delegates
|
|
| s 125(2) |
Function of receiving written notice of the compliance, amendment or cancellation |
3 Delegates
|
|
| s 126(1) |
Duty to keep register of emergency orders, building notices and building orders |
3 Delegates
|
|
| s 126(2) |
Duty to make register available for inspection |
3 Delegates
|
|
| s 138(5) |
Power to appeal to the Building Appeals Board |
2 Delegates
|
Where Council is a 'prescribed reporting authority' |
| s 160(3)(d) |
Power to make application to the Building Appeals Board |
2 Delegates
|
|
| s 162(1)(a)(i) |
Function of being consulted by the Building Appeals Board |
2 Delegates
|
|
| s 162(4)(b) |
Function of entering into an agreement when directed by Building Appeals Board |
2 Delegates
|
|
| s 164(1) |
Power to agree to terminate or vary agreement |
2 Delegates
|
|
| s 164(2) |
Power to terminate or vary agreement |
2 Delegates
|
|
| s 164(4) |
Power to apply for approval |
2 Delegates
|
|
| s 165(1)(a) |
Duty to lodge copy or give notice |
2 Delegates
|
|
| s 165(1)(b) |
Duty to apply to agreement made in the Register |
2 Delegates
|
|
| s 192(1) |
Function of consulting with Minister regarding Alpine resorts |
1 Delegates
|
|
| s 192A(7) |
Function of receiving a copy of the map prepared by the Minister |
3 Delegates
|
|
| s 192A(8) |
Duty to make a copy of the most recent map available for inspection by members of the public without charge, during business hours, at Council's offices |
4 Delegates
|
|
| s 214(1) |
Power to enter into agreement |
2 Delegates
|
|
| s 215(1) |
Power to enter into agreements with a private building surveyor |
2 Delegates
|
|
| s 216A |
Power to apply to the Minister for exemption |
2 Delegates
|
|
| s 216C |
Power to appoint a municipal building surveyor to carry out certain functions outside of the municipal district |
2 Delegates
|
|
| s 216D(2) |
Duty to establish and maintain a register of swimming pools located in Council's municipal district |
3 Delegates
|
|
| s 216D(5)(a) |
Duty to submit, on request, all or any part of the information, record and document recorded in the register to the Authority |
3 Delegates
|
|
| s 216D(5)(b) |
Duty to submit, on request, all or any part of the information, record and document recorded in the register to any other prescribed person, agency or body |
3 Delegates
|
|
| s 222 |
Function of receiving order from Minister |
3 Delegates
|
|
| s 230(2) |
Duty to keep a register containing the prescribed information relating to the exercise of a power of entry under Subdivision 5 by any of the authorised persons referred to in s 230(2)(a) and (b) |
3 Delegates
|
|
| s 230(7)(a) |
Duty to keep the prescribed information relating to each exercise of a power of entry under Subdivision 5 for 10 years after the date of the entry |
3 Delegates
|
|
| s 230(7)(b) |
Duty to make the register required under s 230(2) available for inspection by the Authority on request, and at a time agreed to between Council and the Authority |
3 Delegates
|
|
| s. 230(7)(c) |
duty to provide an extract under s 230(6), if requested |
3 Delegates
|
|
| s 232 |
Power to receive complaints about the exercise of a power under Part 13 Division 2 by Council's municipal building surveyor, or a person authorised by Council's municipal building surveyor to act on behalf of the municipal building surveyor |
4 Delegates
|
|
| s 234A |
Duty to consider the complaint and give a written report to the complainant of the person's consideration of the complaint |
2 Delegates
|
If the complaint is brought under Part 13 Division 2 of the Act |
| s 236(7) |
Power to consent to remove or deface an order or notice put up under s 236(4) or 236(4A) |
2 Delegates
|
|
| s 241(1)&(4) |
Power to authorise a person or persons to bring proceedings for a summary offence against Part 3, 4, 5, 7 or 8 of the Act or the building regulations within Council's municipal district pursuant to s 241(1) and 241(4) |
2 Delegates
|
|
| s 242 |
Function of receiving funds recovered through prosecution |
2 Delegates
|
|
| s 252(1) |
Power to determine whether to apply to the Magistrates' Court for a warrant under s 252 of the Act if a person refuses to vacate a building or land when required to do so by order under the Act pursuant to s 252(1) of the Act |
2 Delegates
|
|
| s 259AB(1) |
Function of entering an information sharing arrangement with the Authority |
2 Delegates
|
Subject to s 259AB(2)
Where Council is a relevant agency |
| s 259AB(3) |
Power to request and receive information held by the Authority, and power to disclose information to the Authority |
2 Delegates
|
Only to the extent that the information is reasonably necessary to assist in the exercise of functions under this Act, or the functions of Council
Where Council is a relevant agency |
| s 259AB(4)(a) |
Function of being referred, by the Authority, any matter (including any complaint) with respect to building work, plumbing work or architectural services |
2 Delegates
|
Where Council is a building regulator |
| s 259AB(4)(b) |
Function of receiving from the Authority any matter of a type described in s 259AB(4)(a) |
2 Delegates
|
Where Council is a building regulator |
| s 259AB(4)(c) |
Function of conducting a joint investigation with the Authority into any matter of a type described in s 259AB(4)(a) |
2 Delegates
|
Where Council is a building regulator |
| s 259AB(5) |
Power to, despite any other Act or law of the State, refer a matter referred to in s 259AB(4) to the Authority, or to conduct an investigation into the matter jointly with the Authority |
2 Delegates
|
Where Council is a building regulator |
| sch 2 cl 1(c)(i) |
Function of determining fees |
1 Delegates
|
|
| sch 2 cl 4(2) |
Function of receiving copy application |
3 Delegates
|
|
| sch 2 cl 4(3) |
Function of receiving fees |
3 Delegates
|
|
| sch 2 cl 4(4) |
Power to fix fees in accordance with cl 4(5) |
1 Delegates
|
|
| sch 2 cl 4A(2)(b) |
Duty to give the owner of the allotment an opportunity to make a submission in respect of the possible detriment |
2 Delegates
|
Where Council is the 'reporting authority' |
| s 22A(4) |
Function of receiving a copy of the Minister's declaration |
2 Delegates
|
|
| s 22B |
Duty to prepare a roadside weed and pest animal management plan |
2 Delegates
|
Where a declaration has been made in respect of Council's municipal district, under s 22A
See also s. 22C for the contents of the plan
|
| s 22C(3) |
Function of determining which additional information to include in a roadside weed and pest animal management plan |
2 Delegates
|
The GMIO is to be consulted if additional information is included |
| s 22D |
Duty to have regard to matters in s22D(a) - (c) when preparing a roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22E(1) |
Duty to submit proposed roadside weed and pest animal management plan within 120 days of Minister's declaration |
2 Delegates
|
|
| s 22E(2) |
Power to apply in writing to the Minister to request an extension of time to submit the proposed roadside weed and pest animal management plan |
2 Delegates
|
The CEO is to be consulted prior to an application to the Minister being lodged |
| s 22F |
Duty to comply with procedure described in s 22F before preparing roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22G |
Duty to comply with request of Minister to provide a revised roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22H |
Function of receiving notice from the Minister of approval of roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22I(1) |
Duty to publish the approved roadside weed and pest animal management plan on Council's website as soon as practicable after plan is approved |
2 Delegates
|
|
| s 22I(2) |
Duty to ensure that copies of the approved roadside weed and pest animal management plan are available for inspection during normal office hours |
2 Delegates
|
|
| s 22J |
Duty to implement measures set out in approved roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22K(1),(2)&(3) |
Power to request, in writing, that the Minister approve a variation of its approved roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22K(4) |
Function of receiving notice of Minister's decision to approve or refuse to approve the request for a variation of roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22L |
Function of receiving Minister's request to vary approved roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22M(1) |
Duty to publish a consolidated version of its approved roadside weed and pest animal management plan on its website as soon as practicable after variation under s 22K or 22L |
2 Delegates
|
|
| s 22M(2) |
Duty to ensure that a consolidated version of its approved roadside weed and pest animal management is available for inspection |
2 Delegates
|
|
| s 22N(2) |
Function of receiving notice of Minister's intention to suspend the approval of a roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22N(2) |
Function of submitting to the Minister reasons why the approval of the roadside weed and pest animal management plan should not be suspended |
2 Delegates
|
|
| s 22N(3) |
Function of receiving notice of Minister's decision |
2 Delegates
|
|
| s 22O(2) |
Function of receiving notice of Minister's intention to revoke his or her approval of a roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22O(2)(b) |
Function of submitting to the Minister reasons why the approval of the roadside weed and pest animal management plan should not be revoked |
2 Delegates
|
|
| s 22O(3) |
Function of receiving notice of Minister's decision to revoke his or her approval of a roadside weed and pest animal management plan |
2 Delegates
|
|
| s 22P(1) |
Function of receiving request to provide the Minister with specified information or documentation |
2 Delegates
|
|
| s 22P(2) |
Duty to provide Minister with requested information or documentation |
2 Delegates
|
|
| s 22Q |
Duty to provide Minister with a written report setting out the outcomes of the measures set out in the plan within 30 days after the plan ceases to operate |
1 Delegates
|
|
| ss 19 & 23A |
Duty to comply with the Child Safe Standards |
4 Delegates
|
Where Council is a Schedule 1 entity |
| s 25 |
Function of receiving education, information and advice from the Commission for Children and Young People regarding the Child Safe Standards |
4 Delegates
|
|
| s 29A(2)(a) |
Function of receiving notice of inspection of the relevant premises by an authorised officer |
3 Delegates
|
|
| s 30 |
Duty to comply with notice to provide documents given under s 30(1A) |
3 Delegates
|
|
| s 31 |
Duty to comply with notice to comply given under s 31(1) |
1 Delegates
|
The GMCE shall be advised if a notice to comply is received |
| s 34C |
Duty to comply with an adverse publicity order
|
3 Delegates
|
|
| s 36 |
Duty to ensure that the Commission, a sector regulator or authorised person is given any assistance reasonably required to perform functions |
3 Delegates
|
|
| s 36A |
Function of receiving an official warning from the sector regulator |
1 Delegates
|
|
| s 36B |
Function of receiving infringement notice |
1 Delegates
|
|
| s 36C(1) |
Power to make an enforceable undertaking |
1 Delegates
|
|
| s 36C(3) |
Power to withdraw or vary an enforceable undertaking |
1 Delegates
|
Must be in writing. |
| s 41I |
Power to seek review by the sector regulator of decision by the Commission to issue a notice to produce or a notice to comply, or to issue an official warning or to publish information |
2 Delegates
|
|
| s 41J |
Power to apply to VCAT for a review of the sector regulator to issue a notice to comply or to publish information |
2 Delegates
|
Must have first exhausted all available avenues for review under s 41I
|
| s 41M |
Function of being given opportunity to comment on adverse comment or opinion to be included in annual report or further report |
3 Delegates
|
|
| s 41V |
Power to, on Council's own initiative, disclose confidential information, other than excluded information, to another information sharing entity |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'disclosing entity' |
| s 41V |
Function of receiving confidential information, other than excluded information |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'receiving entity' |
| s 41W(1) |
Power to request another information sharing entity to disclose confidential information, other than excluded information |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'requesting entity' |
| s 41W(1) |
Function of receiving confidential information, other than excluded information |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'requesting entity' |
| s 41W(1) |
Function of receiving a request for confidential information, other than excluded information |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 41W(2) |
Power to disclose to the responding entity any confidential information that may assist the responding entity |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'requesting entity' |
| s 41W(2) |
Function of receiving confidential information from an information sharing entity |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 41W(3) |
Duty to comply with a request made under s 41W(1) |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 41W(4) |
Duty to provide reasons, in writing, as to why Council cannot comply with a request made under s 41W(1) |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 41W(4) |
Function of receiving reasons from a responding entity as to why it cannot comply with a request made under s 41W(1) |
3 Delegates
|
Where Council is an 'information sharing entity' and a 'requesting entity' |
| s 41Y |
Power to disclose confidential information, other than excluded information, to any person set out in s 41Y(1)(a) – (c) |
3 Delegates
|
Where Council is an 'information sharing entity' |
| s 41Z |
Power to collect and use any confidential information disclosed to Council under Part 6A |
3 Delegates
|
Where Council is an 'information sharing entity' |
| s 41ZC |
Duty to record prescribed information in respect of its collection, use and disclosure of confidential information |
3 Delegates
|
Where Council is an 'information sharing entity' |
| s 41ZD(2) |
Power to collect, use or disclose confidential information |
2 Delegates
|
Where Council is an 'information sharing entity' within the meaning of Part 5A of the Family Violence Protection Act 2008 |
| s 41ZF |
Power to refuse to give an individual access to their confidential information under a relevant privacy law |
3 Delegates
|
Where Council is an 'information sharing entity' |
| s 43(1)(a) |
Function of receiving notice of the birth of a child |
2 Delegates
|
Where the mother of the child usually resides in Council's municipal district |
| s 43(1)(b) |
Function of receiving notice of the birth of a child |
2 Delegates
|
When the municipal district in which the mother usually resides is unknown and the birth occurs in Council's municipal district |
| s 23(1) |
Function of being allocated money by the Secretary for the purposes of Part 3.1 |
2 Delegates
|
|
| s 25 |
Power to use land or property for the purposes of the Department of Health and Human Services |
2 Delegates
|
Where authorised by the Secretary |
| s 26 |
Function of entering into an agreement with the Secretary |
2 Delegates
|
|
| s 30 |
Function of having matters referred to it by the Secretary to provide advice, services and support to the child, family of the child or mother of the unborn child |
3 Delegates
|
Where Council is not registered as a community service but is established to provide services to meet the needs of children requiring care, support, protection or accommodation and of families requiring support |
| s 192 |
Power to provide information to the Secretary |
2 Delegates
|
|
| s 196 |
Function of receiving written direction from an authorised officer in relation to disclosure of information |
2 Delegates
|
|
| s 197 |
Duty to comply with written direction from authorised officer |
2 Delegates
|
|
| s 166(1) |
Function of receiving, from the Regulatory Authority, information in respect of a children's service for a purpose listed in s 166(2) |
2 Delegates
|
|
| s 50(2) |
Function and power of sharing information or data with the Head, Recycling Victoria where permitted |
1 Delegates
|
|
| s 56 |
Power to enter into an agreement with the Head, Recycling Victoria |
1 Delegates
|
|
| s 57 |
Function of receiving advice and support from the Head, Recycling Victoria |
1 Delegates
|
|
| s 58 |
Duty to have regard to guidelines issued by the Head, Recycling Victoria |
1 Delegates
|
|
| s 60 |
Duty to provide municipal residual waste and municipal recycling services |
1 Delegates
|
|
| s 46 |
Power to make statement (a Council pledge) in respect of greenhouse gas emissions reductions |
2 Delegates
|
Council must consider factors, and include details prescribed, in s 47
The CEO shall be consulted before a statement is made. |
| s 48 |
Duty to give copy of Council pledge to Minister as soon as practicable following preparation |
2 Delegates
|
|
| s 49(3) |
Duty to have regard to any directions of Minister regarding preparation of an emissions reduction pledge |
2 Delegates
|
|
| s 82(1) |
Function of receiving notice of proposed Carbon Sequestration Agreement |
2 Delegates
|
Where Council is the public land manager
The CEO shall be advised if notice is received |
| s 66(1) |
Duty to submit plans to the Secretary to the Department of Environment, Land, Water and Planning of specified works prior to their commencement |
4 Delegates
|
Specified works are listed in sch 3 of the Act |
| s 67 |
Power to take action contrary to a Code of Practice if paragraphs (a) and (b) apply |
2 Delegates
|
|
| s 36 |
Function of providing fire hydrants when so requested by the Authority |
2 Delegates
|
|
| s 41A |
Power to recover costs of serving notice by fire prevention officer |
2 Delegates
|
|
| s 42(1) |
Power to request officers and members of any CFA brigade to carry out work (including burning) for the removal or abatement of any fire danger or for the prevention of fire |
2 Delegates
|
|
| s 42(2) |
Duty to pay for work undertaken |
2 Delegates
|
|
| s 43(1) |
Duty to take all practicable steps to prevent occurrence of fires and minimise the danger of spread of fires |
2 Delegates
|
|
| s 43(2) |
Power to acquire equipment, etc. for purposes of s.43(1) and pay for it out of municipal fund |
2 Delegates
|
|
| s 50F(1) |
Power to prepare Neighbourhood Safer Places Plan |
2 Delegates
|
|
| s 50F(4) |
Duty to publish and make the Neighbourhood Safer Places Plan available at Council's office for public inspection during office hours free of charge |
2 Delegates
|
|
| s 50G(1) |
Duty to identify and designate places as neighbourhood safer places |
2 Delegates
|
|
| s 50G(4) |
Duty to ask the CFA to assess the neighbourhood safer place |
2 Delegates
|
|
| s 50H(1) |
Duty to ensure that appropriate signage is provided at neighbourhood safer places |
2 Delegates
|
|
| s 50I |
Duty to maintain all designated neighbourhood safer places |
2 Delegates
|
|
| s 50J(1) |
Duty to conduct an annual review of designated neighbourhood safer places by 31 August of each year |
2 Delegates
|
|
| s 50J(2) |
Duty to ask the CFA to assess each neighbourhood safer place |
3 Delegates
|
|
| s 50J(5) |
Power to decommission a neighbourhood safer place if paragraphs (a) or (b) apply |
2 Delegates
|
|
| s 96A(1)(a) |
Duty to appoint fire prevention officer |
3 Delegates
|
|
| s 96A(1)(b) |
Power to appoint assistant fire prevention officers |
3 Delegates
|
|
| s 109C |
Function of receiving funds for penalties recovered under s 41E |
2 Delegates
|
|
| s 4 |
Function of receiving rates |
2 Delegates
|
|
| s 29 |
Function of receiving statement from the Victorian WorkCover Authority about details of dangerous goods on licensed premises |
5 Delegates
|
|
| s 13(1) |
Function of entering into agreement with Development Victoria concerning particular issues |
1 Delegates
|
Function of 'public statutory body'
CEO retains power – Not delegated |
| s 39(2) |
Duty to comply with order from Governor in Council issued under s.39(1) to surrender land in a project area |
1 Delegates
|
Duty of 'public statutory body'
CEO retains power – Not delegated |
| s 51I(3)(b) |
Function of receiving notice of resolution levying a general charge from Development Victoria |
1 Delegates
|
The CEO, GMCS and MFS shall be advised if a notice is received |
| s 51Q(3)(b) |
Function of receiving notice of resolution levying an infrastructure recovery charge from Development Victoria |
1 Delegates
|
The CEO, GMCS and MFS shall be advised if a notice is received |
| s 51ZA |
Function of receiving written notice of charge from Development Victoria, where Council has submitted notice to Authority pursuant to s 21(2A) of the Subdivision Act 1988 |
1 Delegates
|
|
| s 56D(1) |
Duty to give relevant Ministers and Treasurer statement allocating the property, rights and liabilities of Council in relation to designated project to Development Victoria |
1 Delegates
|
Duty of 'nominated agency'
CEO retains power – Not delegated |
| s 56D(4) |
Function of complying with request from Treasurer and relevant Minister to amend statement under s 56D(1) |
1 Delegates
|
Function of 'nominated agency' |
| s 56E(1) |
Function of issuing certificate certifying that property, rights or liabilities of Council have been allocated to Development Victoria |
1 Delegates
|
Function of 'nominated agency'
The CEO is to be advised prior to issuance of certificate |
| s 56E(2) |
Duty to revoke certificate given under s 56E(1) and replacing with a new certificate, if directed by Treasurer and relevant Minister |
1 Delegates
|
Duty of 'nominated agency' |
| s 56E(3) |
Duty to keep register of certificates issues under s 56E, and make reasonably available for inspection |
1 Delegates
|
Duty of nominated agency
The CEO and all GM's are to be advised of changes to the register |
| s 38(4) |
Power to prepare a Disability Action Plan, in accordance with s 38 |
1 Delegates
|
The CEO and GMCE must be consulted prior to commencement of preparation of a Disability Action Plan. |
| s 38(5) |
Duty to report on the implementation of the Disability Action plan in Council's annual report |
1 Delegates
|
If a plan is prepared under s 38(4) or is taken to be prepared under s 38(2) |
| s 38(5A) |
Duty to ensure certain disability matters are addressed in the Council Plan |
1 Delegates
|
If Council has not determined to prepare a plan under s 38(4) or are not taken to have prepared a plan under s 38(2)
The MCC is to be consulted in disability matters to be included in the Council Plan. |
| s 10 |
Function of receiving applications for registration of dogs or cats |
4 Delegates
|
|
| s 10A(4) |
Duty to not register or renew the registration of a dangerous dog or a restricted breed dog unless the dog is (a) desexed or (b) a dangerous dog that is not a restricted breed dog and is exempt under s 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed or (c) a restricted breed dog that is not a dangerous dog and is exempt under s 10B(1)(e) from the requirement to be desexed |
4 Delegates
|
|
| s 10C(1) |
Duty to not register a dog or cat unless the dog or cat (a) has been implanted with prescribed permanent identification device or (b) is of a class of dogs exempt under a resolution made under s 10D(3), from the requirement to be implanted with such a device or (c) is otherwise exempted under the Act from the requirement to be implanted with such a device or (d) subject to s 10C(2), has previously been registered with Council at any time in the 12 month period immediately before the application for registration was lodged |
4 Delegates
|
|
| s 10C(5) |
Duty to cause to be published a copy of the resolution |
2 Delegates
|
|
| s 10C(6) |
Duty to not register or renew registration of dangerous dog, menacing dog or restricted breed dog unless the dog has been implanted with permanent identification device |
2 Delegates
|
|
| s 10D(6) |
Duty to cause to be published a copy of the resolution |
2 Delegates
|
|
| s 12(1) |
Power to appoint an agent for Council in the registration of cats and dogs |
3 Delegates
|
|
| s 13 |
Function of receiving notification of sale by domestic animal business or foster carer (including where the animal was not registered) |
3 Delegates
|
|
| s 14(b) |
Power to approve form of registration or renewal of registration of dogs and cats |
2 Delegates
|
|
| s 15(2) |
Power to permit pro-rata fees for dogs or cats registered for part of a year |
2 Delegates
|
|
| s 15(6) |
Duty to waive 50% of a registration fee of dogs or cats if paragraphs (a) or (b) apply |
2 Delegates
|
|
| s 16 |
Duty to register or renew the registration of a dog or cat (other than a dangerous or restricted breed dog) in certain circumstances |
3 Delegates
|
|
| s 17(1) |
Power to register or renew the registration of a dangerous dog and impose conditions upon the registration |
3 Delegates
|
|
| s 17(1A)(a) |
Power to register or renew the registration of a restricted breed dog |
3 Delegates
|
Under ss 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under s 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device |
| s 17(1A)(b) |
Power to impose conditions on the registration or the renewal of the registration of a restricted breed dog |
3 Delegates
|
Under ss 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under s 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device
|
| s 17(2) |
Duty to notify owner and allow owner opportunity to make submissions, if Council proposes not to register or renew the registration of a dangerous dog or restricted breed dog |
2 Delegates
|
|
| s 17(3) |
Duty to consider submissions in relation to the registration or renewal of registrations of a dangerous dog before making decision |
3 Delegates
|
|
| s 17(4) |
Duty to serve written notice of decision not to register or renew registration of dangerous dog or restricted breed dog |
2 Delegates
|
|
| s 18(1) |
Duty to keep register and allow inspection of register of all registered dogs and cats |
2 Delegates
|
|
| s 18(2)(b) |
Power to fix fee for inspection of registrations of dogs and cats in the municipality |
2 Delegates
|
|
| s 18(3) |
Power to fix fees for making of records or obtaining certificates |
2 Delegates
|
|
| s 19(1)(a) |
Duty to allocate a registration number to every dog and cat which is registered |
3 Delegates
|
|
| s 19(1)(b) |
Duty to give or send the owner a registration certificate |
3 Delegates
|
|
| s 19(1)(c) |
Duty to issue to the owner an identification marker |
4 Delegates
|
|
| s 23(6) |
Duty to give owner or occupier of the private property a copy of a notice served under s 23(3) |
2 Delegates
|
|
| s 25(3) |
Duty to cause to be published any orders made by Council under s 25 |
2 Delegates
|
|
| s 26(2A) |
Duty to obtain agreement of owner or occupier of private property, where Council proposes to make, by resolution, an order under s 26(2) |
2 Delegates
|
|
| s 26(3) |
Duty to cause to be published any orders made by Council under s 26 |
2 Delegates
|
|
| s 33A(1) |
Duty to accept any dog or cat kept surrendered to Council by the owner of the animal |
2 Delegates
|
|
| s 33A(3) |
Duty to give Secretary certain information about a dog under its control if dog exhibits aggressive behaviour, may have been involved in a dog attack or may be a restricted breed dog |
2 Delegates
|
This information must be given to the Secretary in the time specified in s 33A(4)
|
| s 33A(2)(b) |
Duty to deal with surrendered dog or cat in accordance with the Act, the regulations and relevant Codes of Practice |
2 Delegates
|
|
| s 34(1) |
Power to declare a dog dangerous |
2 Delegates
|
|
| s 34(2) |
Duty not to declare a dog dangerous in certain circumstances |
2 Delegates
|
|
| s 35(2) |
Duty to notify the owner and receive written and oral submissions from the owner if proposing a dog be declared dangerous |
2 Delegates
|
|
| s 35(3) |
Duty to consider materials submitted before making a declaration |
2 Delegates
|
|
| s 36 |
Duty to give written notice of a declaration to owner |
2 Delegates
|
|
| s 37 |
Function of receiving notification from owners of certain dogs |
3 Delegates
|
|
| s 41B(1) |
Duty to notify the owner and allow it the opportunity to make submissions to the Council |
3 Delegates
|
|
| s 41C |
Duty to give notice of a menacing dog declaration to owner |
3 Delegates
|
|
| s 41D |
Function of receiving notification in relation to menacing dog |
2 Delegates
|
|
| s 41F |
Function of receiving notification from owners of restricted breed dogs |
2 Delegates
|
|
| s 41J(2)(a) |
Power to issue a permit to own more than 2 restricted breed dogs to any person who has applied to the Council for such a permit |
3 Delegates
|
|
| s 41J(2)(b) |
Power to issue a permit to keep more than 2 restricted breed dogs at a premises to any person who has applied to the Council for such a permit |
3 Delegates
|
|
| s 41J(3) |
Power to fix fee for application for permit |
3 Delegates
|
|
| s 44(1) |
Power to require restraint of animals |
3 Delegates
|
If Council has made a relevant local law prohibiting the keeping of animals in a specified area |
| s 44(2) |
Duty to give written notice of requirement in s 44(1) |
3 Delegates
|
|
| s 44AC(1)(c) |
Power to inspect information kept on register of dangerous, menacing and restricted breed dogs, in accordance with the regulations |
3 Delegates
|
|
| s 44AE |
Duty to provide details of dangerous, menacing or restricted breed dogs to Secretary |
2 Delegates
|
|
| s 44AEA |
Duty to provide to the Secretary information relating to a dog destroyed under s 84TA, 84TB, 84TC |
2 Delegates
|
|
| s 44AF |
Duty to provide to the Secretary information relating to dangerous, menacing or restricted breed dogs |
2 Delegates
|
|
| s 44AG |
Duty to provide to the Secretary information about owners of dangerous, menacing or restricted breed dogs |
2 Delegates
|
|
| s 44AH |
Duty to provide, when requested under s 44H (1) a statement to Secretary confirming that information previously provided by Council is accurate |
2 Delegates
|
|
| s 46(1) |
Function of receiving applications to register a premises |
3 Delegates
|
|
| s 46(2) |
Power to approve form of registration of domestic animal businesses and information required |
2 Delegates
|
|
| s 46(3) |
Function of requiring and receiving any further information relating to an application Council |
3 Delegates
|
|
| s 47(1) & (2) |
Power to register and impose any terms, conditions, limitations or restrictions on the registration of premises for the purposes of a domestic animal business |
2 Delegates
|
|
| s 48(2) |
Power to approve form of renewal of registration |
2 Delegates
|
|
| s 48(3) |
Power to approve form of renewal of registration and information required |
3 Delegates
|
|
| s 48(4) |
Function of requiring and receiving any further information relating to the application Council |
3 Delegates
|
|
| s 49(1) |
Power to fix fees for registration or renewal of registration of domestic animal premises |
2 Delegates
|
|
| s 49(2) |
Power to refund all or part of application fee |
2 Delegates
|
|
| s 52(1) |
Function of receiving an application for transfer of registration to a new premises |
4 Delegates
|
|
| s 52(2)(a) |
Power to approve form of application to transfer registration |
2 Delegates
|
|
| s 52(2)(c) |
Power to fix fee for transfer of registration and information required |
2 Delegates
|
|
| s 52(3) |
Function of requiring and receiving any further information relating to the transfer of registration |
2 Delegates
|
|
| s 52(4) |
Power to register new (transferred) premises as a domestic animal business and impose any terms, conditions, limitations or restrictions on that registration |
2 Delegates
|
|
| s 54(1) |
Power to refuse to register or renew the registration, refuse to transfer registration, suspend registration and revoke registration of premises |
2 Delegates
|
|
| s 54(2) |
Power to act in accordance with s 54(1) if satisfied that the circumstances of s 54(2)(a) or (b) are in existence |
2 Delegates
|
|
| s 54(3) |
Duty to refuse to register or renew the registration of a premises in relation to a breeding domestic animal business in certain circumstances |
3 Delegates
|
|
| s 54(3A) |
Duty to refuse to register, renew the registration of, or transfer the registration of a premises on which a domestic animal business is, or is proposed to be conducted, that is an animal shelter, a pet shop or a pound in certain circumstances |
3 Delegates
|
|
| s 54(3B) |
Duty to refuse to register, renew the registration of, or transfer the registration of a premises on which a domestic animal business is, or is proposed to be conducted, that is a breeding domestic animal business in certain circumstances |
3 Delegates
|
|
| s 54A(1) |
Duty to refuse to register the premises in respect of which the application is made if s 54A(a), (b) or (c) applies |
3 Delegates
|
|
| s 54A(2) |
Duty to refuse to register the premises in respect of which the application is made if a breeding domestic animal business or a pet shop is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located |
3 Delegates
|
|
| s 54A(3) |
Duty to refuse to register the premises in respect of which the application is made if a breeding domestic animal business or an animal shelter is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located |
3 Delegates
|
|
| s 54B |
Duty to refuse to register the premises on which a breeding domestic animal business is proposed to be conducted |
3 Delegates
|
|
| s 54C |
Duty to refuse to transfer the registration of premises on which a breeding domestic animal business is being conducted to another premises |
3 Delegates
|
|
| s 54D |
Duty to refuse to renew the registration of a premises on which a breeding domestic animal business is being conducted |
3 Delegates
|
|
| s 55 |
Duty to give notice if it is proposed that the powers under ss 54, 54A, 54B, 54C or 54D will be exercised |
3 Delegates
|
|
| s 56 |
Duty to receive both oral and written submissions and take into account any submissions |
2 Delegates
|
|
| s 57(1) & (2) |
Duty to serve notice of decision and give reasons for decision |
2 Delegates
|
|
| s 58AD(1)(a) |
Function of receiving a request from the chief veterinary officer for a report on the premises on which the domestic animal business is conducted |
3 Delegates
|
|
| s 58AD(2) |
Duty to include a copy of any report from an entry and search of the premises under Part 7 carried out in the 5 years preceding the application for grant or renewal of approval |
3 Delegates
|
|
| s 58AI(1)(a) |
Power to cancel or not renew a commercial dog breeder approval |
3 Delegates
|
Where Council is the 'relevant Council' |
| s 58AI(1)(b) |
Power to suspend a commercial dog breeder approval |
3 Delegates
|
Where Council is the 'relevant Council' |
| s 58AI(2) |
Duty to give the Minister notice of any suspension, cancellation or refusal to renew |
3 Delegates
|
|
| s 58AL |
Function of receiving notice of the Minister's grant, renewal, refusal to grant or renew, revocation or cancellation of a commercial dog breeder approval as soon as possible after it occurs |
4 Delegates
|
Where Council is the relevant Council |
| s 58B |
Power to apply to Minister to register premises as premises on which domestic animal business conducted |
3 Delegates
|
|
| s 58C(3) |
Duty to comply with the terms, conditions, limitations and restrictions on registration of premises under s 58C |
3 Delegates
|
|
| s 58D(2) |
Power to apply to Minister for renewal of registration of premises |
3 Delegates
|
|
| s 58E |
Duty to pay fee with application for registration or renewal of registration of premises |
3 Delegates
|
|
| s 58F |
Power to surrender registration of premises on which domestic animal business conducted by notice to Minister |
3 Delegates
|
|
| s 58G |
Duty to notify the Minister of transfer of registration |
3 Delegates
|
|
| s 58J |
Power to make submissions to the Minister regarding Minister's exercise of power under s 58H |
3 Delegates
|
|
| s 58K |
Function of receiving notice of Minister's decision |
3 Delegates
|
|
| s 58P |
Function of receiving, from the Minister, a copy of the permit (including any conditions imposed on the permit) |
3 Delegates
|
Where Council is the 'relevant Council' |
| s 58Q(3) |
Function of receiving, from an authorised officer who has given a direction under s 58Q(1), notification of the closure of the sale |
3 Delegates
|
Where Council is the 'relevant Council' |
| s 58R(3) |
Function of receiving, from the Minister, a copy of a report under s 58R as soon as practicable after receiving the report. |
3 Delegates
|
|
| s 68A(1) |
Duty to, in consultation with Secretary, prepare a domestic animal management plan |
3 Delegates
|
Subject to s 68A(1A)
|
| s 68A(1A) |
Power to apply to the Secretary for an extension of time within which to prepare a domestic animal management plan |
3 Delegates
|
|
| s 68A(3)(a) |
Duty to review domestic animal management plan annually and, if appropriate, amend the plan |
3 Delegates
|
|
| s 68A(3)(b) |
Duty to provide the Secretary with a copy of the plan and any amendments to the plan |
3 Delegates
|
|
| s 68A(3)(c) |
Duty to prepare an evaluation of its implementation of the plan for publication in Council's annual report |
3 Delegates
|
|
| s 68B |
Power , on application under s 68C, to register a person to provide foster care on a premises in the municipal district of the Council, if the person provides or intends to provide foster care on that premises |
3 Delegates
|
|
| s 68C |
Function of receiving an application for foster carer registration |
2 Delegates
|
|
| s 68D(1) |
Power to renew registration |
3 Delegates
|
|
| s 68D(2) |
Function of receiving an application for foster carer registration renewal |
2 Delegates
|
|
| s 68E |
Duty to have regard to the matters set out in s 68E(a) – (e) when deciding whether or not to grant or renew a foster carer registration |
3 Delegates
|
|
| s 68G(a) |
Power to approve form of applications under s 68C or 68D(2) |
3 Delegates
|
|
| s 68G(b) |
Power to require information in applications under s 68C or 68D(2) |
3 Delegates
|
|
| s 68G(c) |
Power to fix fee for applications under s 68C or 68D(2) |
2 Delegates
|
|
| s 68H(2) |
Power to permit a pro rata fee to be paid where a foster carer registration only applies for part of a year |
2 Delegates
|
|
| s 68I(1)(b) |
Power to impose conditions on a foster carer registration |
3 Delegates
|
|
| s 68J(1) |
Power to suspend or cancel a foster carer registration where the criteria in s 68J(1)(a) or (b) apply |
3 Delegates
|
|
| s 68J(2) |
Duty to notify the registered foster carer of a suspension or cancellation under s 68J(1) |
3 Delegates
|
|
| s 68K(1) |
Duty to notify the holder of a foster carer, in writing, if the Council proposes to suspend, cancel or not renew a foster carer registration |
3 Delegates
|
|
| s 68K(2) |
Function of receiving written submissions from the holder of the registration |
3 Delegates
|
|
| s 68K(3) |
Duty to consider any submission may under s 68K(2) before deciding to suspend, cancel or not renew the registration |
3 Delegates
|
|
| s 68N(1) |
Duty to give to the Secretary the information set out in s 68Q(1) and (2) relating to each registration of a premises by the Council under Part 4 |
2 Delegates
|
|
| s 68O(1) |
Duty to give to the Secretary the information set out in s 68Q(1)(a), (c)(ii) and (iii), (d)(ii), (h), (i) and (j), relating to each registration of a foster carer by the Council under Part 5B |
2 Delegates
|
|
| s 68R(1)(a)(i) |
Duty to give the information set out in s 68R(2) to the Secretary within 7 days after making a decision under Part 4 to refuse to grant, renew or transfer a registration under that Part |
2 Delegates
|
|
| s 68R(1)(a)(ii) |
Duty to give the information set out in s 68R(2) to the Secretary within 7 days after making a decision under Part 4 to suspend or revoke a registration under that Part |
2 Delegates
|
|
| s 68R(1)(b)(i) |
Duty to give the information set out in s 68R(3) to the Secretary within 7 days of making a decision under Part 5B not to grant or renew a registration under that Part |
2 Delegates
|
|
| s 68R(1)(b)(ii) |
Duty to give the information set out in s 68R(3) to the Secretary within 7 days of making a decision under Part 5B to suspend or cancel a registration under that Part |
2 Delegates
|
|
| s 68Y(3) |
Function of receiving, from the Secretary, the source number issued under s 68Y |
2 Delegates
|
|
| s 68Z(3) |
Function of receiving, from the Secretary, the source number issued under s 68Z |
2 Delegates
|
|
| s 69(1) |
Duty to make payment to the Treasurer of specified amounts in respect of registration of cats, dogs or registered animal business |
2 Delegates
|
|
| s 69(1A) |
Duty to make payment to the Treasurer in respect of each registration fee collected by the Council for the registration or renewal of registration of a dog or cat in each financial year |
2 Delegates
|
|
| s 72 |
Power to appoint, by instrument, employees to be authorised officers |
1 Delegates
|
|
| s 72A(1) |
Power to appoint person who is not employee of Council as authorised officer |
1 Delegates
|
Person appointed must have qualifications and experience prescribed by Secretary |
| s 73(1) |
Duty to issue identity card to authorised officers |
1 Delegates
|
|
| s 84DD(2) |
Function of receiving report |
2 Delegates
|
|
| s 84J |
Power to retain custody of dog or cat until animal recovered under Division 5 or disposed of under Division 6 |
3 Delegates
|
|
| s 84L(1) |
Power to retain custody of dog the subject of a declaration under s 98A until review of the declaration is determined under Part 7E or the dog is recovered under Division 5 or destroyed under Division 6 |
3 Delegates
|
|
| s 84L(2) |
Power to retain custody of dog before destruction under division 6 where dog is seized under s 80 and officer cannot serve declaration because owner cannot be identified |
3 Delegates
|
|
| s 84M(1) |
Power to decide not to retain custody of dog or cat seized under ss 23(1), 82, 82B, 83, 84, 84A, 84B or 84C |
3 Delegates
|
|
| s 84N(1)(c) |
Power to require custody of restricted breed dog until the outcome of prosecution under the Act or Regulations in relation to the dog |
3 Delegates
|
|
| s 84N(1)(d) |
Power to fix an amount payable for the reasonable costs and expenses incurred by the Council in seizing the dog and retaining custody of it until its recover |
3 Delegates
|
|
| s 84O(1) |
Power to destroy a cat seized under Part 7A if cat does not bear an identification marker or device or cat is wild, uncontrollable or diseased |
3 Delegates
|
|
| s 84O(2) |
Duty to destroy dangerous dog or restricted breed dog as soon as possible where owner is entitled to recover dog under Division 5 but does not recover dog in accordance with the time period in that division |
3 Delegates
|
|
| s 84O(3) |
Duty to sell or destroy cat or dog (other than dangerous or restricted breed dog) as soon as possible where owner is entitled to recover dog under division 5 but does not recover dog in accordance with the time period in that division |
3 Delegates
|
In accordance with any relevant business code of practice or greyhound code of practice |
| s 84P |
Power to destroy dog seized under Part 7A in certain circumstances listed in paragraphs (a), (c), (d), (e) and (f) |
3 Delegates
|
|
| s 84Q(1) |
Duty to commence prosecution of a person as soon as possible after seizure under Part 7A, if authorised officer reasonably suspects that the person has committed an offence listed in s 84Q(2) with respect to a dog or a cat seized under that part, and power to retain custody of animal seized under section 84B and in any other case, Duty to retain custody until the outcome of the prosecution in s 84Q is known |
3 Delegates
|
|
| s 84Q(2A)(a) |
Duty to commence prosecution of the owner of the dog or cat as soon as possible after the seizure and after sufficient information is available to enable the commencement of the prosecution |
3 Delegates
|
|
| s 84Q(2A)(b) |
Duty to retain custody of the dog or cat and any offspring of the dog or cat until the outcome of the prosecution is known |
3 Delegates
|
|
| s 84Q(3)(a) |
Duty to serve declaration on owner |
3 Delegates
|
|
| s 84R |
Power to require owner to provide his or her current address to Council in certain circumstances |
3 Delegates
|
|
| s 84S |
Power to destroy dog seized under Part 7A, in the time periods listed, if owner is suspected of committing an offence set out in paragraph (a), (b) or (c) of section 84Q(2) and cannot be identified, |
3 Delegates
|
|
| s 84T(1) |
Duty to destroy dog seized under s 80 within 8 days after seizure if owner cannot be identified and authorised officer reasonably believes dog is restricted breed dog |
3 Delegates
|
|
| s84T(2) |
Duty to notify the Secretary of certain information after destroying a dog under s 84T(1) |
3 Delegates
|
Notice must comply with requirements of s 84T(3)
|
| s 84TA(1) |
Power to destroy a dog seized under Part 7A in circumstances listed (a) - (c) |
3 Delegates
|
84TA (4) & (5) Council must make decision within 48 hours and record the time and date of decision |
| s 84TC(1) |
Power to destroy a dangerous dog if the dog was declared a dangerous dog and it is believed that the owner of the dog is guilty of an offence under s 24 or 26 |
3 Delegates
|
84TC (4) & (5) Council must make decision within 48 hours and record the time and date of decision |
| s 84U |
Duty to ensure seized animal is desexed before selling it |
3 Delegates
|
|
| s 84V(2) |
Power to give animal to an approved person or body |
3 Delegates
|
Where Council is authorised under this Act to destroy the animal |
| s 84VA(1) |
Power to recover any reasonable cost incurred by the Council for the care, transport, maintenance and disposal of the dog or cat for the whole or any part of the time from when the dog or cat is seized under Division 2 until the time when the dog or cat is disposed of under s 84TD |
5 Delegates
|
|
| s 84VA(2) |
Power to recover costs under s 84VA(1) from the owner, or person in charge of the dog or cat when the dog or cat was seized |
4 Delegates
|
|
| s 84Y |
Power to enter written agreement to seize, receive and retain, sell or destroy dogs or cats , as well as the power to give a seized dog or cat to a community foster care network, give a seized dog or cat to an animal shelter and/or charge fees for doing any of the things under the written agreement |
3 Delegates
|
|
| s 95 |
Function of receiving payment of fines |
3 Delegates
|
|
| s 98(1A) |
Power to apply to VCAT for review of a decision by Minister in relation to registration of domestic animal business |
3 Delegates
|
|
| s 100A |
Duty to notify Secretary where VCAT or Supreme Court sets aside a decision to declare a dog to be a dangerous dog, menacing dog or restricted breed dog |
3 Delegates
|
Notice must comply with requirements of s 100A(2) & (3)
|
| s 100C |
Function of receiving disclosed information from a person who is or was engaged in the administration of Part 5B or 5C |
4 Delegates
|
|
| s 100D |
Power to disclose information held by Council to another Council, a restricted authorised officer or a Departmental authorised officer for the purpose of the performance of Functions under Part 4 or Part 4AA or regulations under those Parts by that person |
4 Delegates
|
|
| s 48R |
Function of receiving details of alleged contraventions of building legislation |
2 Delegates
|
|
| s 271(1) |
Function of receiving information from National Authority in respect of education and care services |
1 Delegates
|
|
| s 271(2) |
Function of receiving information from Regulatory Authority in respect of education and care services |
1 Delegates
|
|
| s 271(3) |
Power to disclose information to authorities or government departments in respect of education and care services |
1 Delegates
|
|
| s 2.3.13 |
Power to enter into and carry out a contract with the school Council |
1 Delegates
|
|
| s 2.6.21B(1) |
Function of receiving information from the Victorian Institute of Teaching in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4) |
3 Delegates
|
|
| s 2.6.21B(2) |
Power to provide information to the Victorian Institute of Teaching in respect of a registered teacher or former registered teacher or a provider of a program, unit or course of study for a purpose specified in subsection (4) |
3 Delegates
|
|
| s 4.9.4(1AAA) |
Function of responding to requests by Victorian Registration and Qualifications Authority for information under s 4.9.4 |
2 Delegates
|
|
| s 4.2.2(1)(g) |
Function of receiving education, information and advice on Child Safe Standards |
3 Delegates
|
|
| s 5.8.24 |
Function of receiving official warning from the Victorian Registration and Qualifications Authority |
4 Delegates
|
|
| s 5.8.30 |
Duty to comply with an adverse publicity order
|
1 Delegates
|
|
| s 108(1)(d)(ii) |
Power to enable identification of a person |
1 Delegates
|
|
| s 84C |
Duty to keep trees clear of electrical lines on public land managed by Council |
3 Delegates
|
Applies to public land, managed by Council, which has been declared under s 81 of the Electricity Safety Act 1998 for the purposes of Part 8 of the Act |
| s 86B |
Duty to specify certain matters in municipal emergency management plan |
3 Delegates
|
|
| s 59 |
Duty to establish a Municipal Emergency Management Planning Committee |
1 Delegates
|
|
| s 59B(1) |
Duty to nominate a chairperson of the Municipal Emergency Management Planning Committee |
1 Delegates
|
Delegates cannot nominate themselves
Provision not delegated - CEO retains power. |
| s 59B(1)(b) |
Power to nominate a member of Council staff to be the chairperson of the Municipal Emergency Management Planning Committee |
1 Delegates
|
Provision not delegated - CEO retains power. |
| s 59F(b) |
Function of, in collaboration with other agencies and by the establishment of a Municipal Emergency Management Planning Committee, enabling community participation in emergency preparedness, including mitigation, response and recovery activities
|
1 Delegates
|
|
| s 59G(1) |
Duty to appoint one or more municipal emergency management officers
|
1 Delegates
|
|
| s 59H(1) |
Duty to appoint one or more municipal recovery managers |
1 Delegates
|
|
| s 60AI(1)(ab) |
Function of receiving a copy of the plan in a form suitable for publication on the municipal council's Internet site on behalf of the relevant Municipal Emergency Management Planning Committee
|
1 Delegates
|
|
| s 69 |
Duty to comply with an information gathering notice issued by the Inspector-General for Emergency Management |
2 Delegates
|
|
| s 70 |
Function of receiving draft review or report and providing comment or response to Inspector-General for Emergency Management |
3 Delegates
|
|
| s 70A(2) |
Power to consent to entry of vessel, premises or vehicle |
2 Delegates
|
|
| s 70A(3) |
Duty to provide the Inspector-General with a written response to a request for consent under s 70A(2) |
2 Delegates
|
|
| s 70B |
Function of giving reasonable assistance to the Inspector-General for Emergency Management |
2 Delegates
|
|
| s 50(1)(ii) |
Function of receiving application for permission |
5 Delegates
|
|
| s 50(2) |
Duty of advising applicant that application does not comply with s 50 |
5 Delegates
|
|
| s 50A(1) |
Power to require an applicant to pay a fee |
3 Delegates
|
|
| s 50A(3) |
Duty to give notice |
3 Delegates
|
|
| s 51A |
Power to require an applicant to provide information |
3 Delegates
|
|
| s 54(1) |
Power to issue a permission subject to conditions specified in the permission |
5 Delegates
|
|
| s 56(2)(b) |
Function of receiving an application for the transfer of permit issued by Council |
5 Delegates
|
|
| s 56(4) |
Duty to either refuse or transfer the permit subject any conditions within 20 business days after receiving application |
5 Delegates
|
|
| s 56(5) |
Duty to refuse to transfer permit if Council if the applicant is not a fit and proper person to hold a permit |
5 Delegates
|
Consider s 66 |
| s 56(6) |
Duty to, as soon as practicable after making a decision, give applicant and holder of permit written notice |
5 Delegates
|
|
| s 57(2)(b) |
Function of receiving application for amendment of permit |
5 Delegates
|
|
| s 57(4) |
Duty to either refuse or amend permit subject to any conditions |
5 Delegates
|
|
| s 57(8) |
Duty to, as soon as practicable after making a decision, give holder of permit written notice |
5 Delegates
|
|
| s 58(1) |
Power to amend a permission issued on own initiative |
5 Delegates
|
|
| s 58(3) |
Duty to, as soon as practicable after making a decision, give the permission holder written notice |
5 Delegates
|
|
| s 59(2)(b) |
Function of receiving application to surrender or revoke a permit |
5 Delegates
|
|
| s 59(4) |
Duty to either consent to the surrender application subject to any conditions or refuse to consent to the surrender within 20 business days after receiving an application |
5 Delegates
|
|
| s 59(7) |
Duty to, as soon as practicable after making a decision, give the permit holder a written notice |
5 Delegates
|
|
| s 59(9) & (10) |
Duty to revoke the permissions if request received in writing and give the permit holder written notice |
5 Delegates
|
|
| s 60(1) |
Power to suspend a permission |
5 Delegates
|
|
| s 60(2) |
Duty to give permit holder written notice if proposing to suspend a permission |
5 Delegates
|
|
| s 60(3) |
Duty to consider submissions |
5 Delegates
|
|
| s 60(4) |
Duty to, as soon as practicable after making a decision, give the permit holder with written notice |
5 Delegates
|
|
| s 60(6) |
Power to remove period of suspension |
5 Delegates
|
|
| s 60(7) |
Power to extend period of suspension |
5 Delegates
|
|
| s 60(8) |
Duty to give permit holder written notice of decision to extend period of suspension |
5 Delegates
|
|
| s 61(1) & (2) |
Power to revoke permission on own initiative |
5 Delegates
|
|
| s 61(3) |
Duty to give permit holder written notice if proposing to revoke a permission |
5 Delegates
|
|
| s 61(4) |
Duty to consider submissions |
5 Delegates
|
|
| s 61(5) & (6) |
Duty to, as soon as practicable, give permission holder written notice |
5 Delegates
|
|
| s 81(1) |
Duty to issue a permit subject to any conditions or refuse to issue a permit upon receiving an application under s 50 |
5 Delegates
|
|
| s 81(4) |
Duty to refuse to issue a permit in circumstances specified |
5 Delegates
|
|
| s 83(1) |
Function of receiving application for exemption |
5 Delegates
|
|
| s 83(3) |
Duty to grant the exemption subject to any conditions or refuse to grant the exemption within 10 business days upon receiving application |
5 Delegates
|
|
| s 84(1)(b) |
Function of receiving renewal application |
5 Delegates
|
|
| s 84(4) |
Duty to renew or refuse to renew the permit |
5 Delegates
|
|
| s 84(8) |
Power to renew permit for (a) a period of not more than 5 years or (b) any shorter period prescribed |
5 Delegates
|
|
| s 84(9) |
Power to renew a permit more than once |
5 Delegates
|
|
| s 114(2) |
Power to appoint litter enforcement officer |
7 Delegates
|
Where Council is a litter authority |
| s 118(1)(b) |
Function of receiving a written statement |
5 Delegates
|
Where Council is a litter authority |
| s 121(1) |
Power to issue a waste abatement notice |
7 Delegates
|
Where Council is a litter authority |
| s 121(6) |
Power to direct the occupier of the place or premises to remove or dispose of the waste within the time specified in a waste abatement notice |
5 Delegates
|
Where Council is a litter authority |
| s 121(8) |
Power to vary or revoke a waste abatement notice |
5 Delegates
|
Where Council is a litter authority |
| s 122(1) |
Power to remove or dispose of waste or object or thing |
5 Delegates
|
Where Council is a litter authority |
| s 122(2) |
Power to recover any reasonable costs incurred in taking action under this section |
5 Delegates
|
Where Council is a litter authority |
| s 131(1) |
Function of receiving signed written report |
5 Delegates
|
|
| s 131(2) |
Power to take further action |
5 Delegates
|
|
| s 156(1) |
Duty to comply with Order of the Governor in Council |
5 Delegates
|
|
| s 171(1) |
Power to appoint a residential noise enforcement officer |
5 Delegates
|
|
| s 172(1) |
Power to issue a residential noise improvement notice |
5 Delegates
|
|
| s 172(5)(a) |
Power to extend time to comply with residential noise improvement notice |
5 Delegates
|
|
| s 172(5)(b) |
Power to revoke or amend any requirement specified in a residential noise improvement notice |
5 Delegates
|
|
| s 174(1) |
Power to apply for injunctions relating to residential noise |
5 Delegates
|
|
| s 242(2) |
Power to appoint an employee or class of employee as an authorised officer for the purposes of the power or function delegated to council |
1 Delegates
|
|
| s 242(2A) |
Power to appoint a specified person or each member of a specified class of person as an authorised officer for the purposes of the power or function delegated to council |
1 Delegates
|
|
| s 242(2B) |
Duty to prepare and give to the Authority a written report |
3 Delegates
|
|
| s 347(3) |
Power to take proceedings for an offence against a provision relating to permits under the Environment Protection Regulations 2021 |
1 Delegates
|
|
| s 347(4) |
Power to take proceedings for an offence against a provision of Part 6.3 |
5 Delegates
|
Where Council is a litter authority |
| s 347(7) |
Power to appoint a person who is an employee or an officer of council to take proceedings for offences under ss 25, 27, 286, 287 and 288 |
3 Delegates
|
|
| r 21(2) |
Power to require an applicant to provide additional information |
5 Delegates
|
|
| r 25 |
Power to administer prescribed permit activities |
5 Delegates
|
|
| r 33 |
Duty to inspect on-site wastewater management system and power to issue a certificate approving the use of the system if satisfied that the system complies with the permit |
5 Delegates
|
|
| r 100(1) |
Duty to provide information |
5 Delegates
|
|
| r 100(5) |
Duty to provide a report under subregulation (1) within 3 months after the end of the financial year to which the report relates |
5 Delegates
|
|
| r 161 |
Function of receiving notification |
5 Delegates
|
|
| r 162(2) |
Power to inspect records under subregulation 1 |
5 Delegates
|
|
| r 171 |
Power to take proceedings for specified offences relating to on-site wastewater management systems |
5 Delegates
|
|
| r 215 |
Power to (a) waive the fee, in whole or parts; or (b) refund the fee paid, in whole or part |
5 Delegates
|
|
| r 220(2) |
Duty to give a person a reasonable opportunity to provide further information in order to decide a new application |
5 Delegates
|
|
| s 70E(3) |
Duty to comply with request of Director or Inspector under s 70E(1) to provide answers or supply information |
1 Delegates
|
|
| s 144D(3) |
Duty to only share confidential information to the extent permitted by Part 5A, or the Regulations |
2 Delegates
|
Where Council is an 'information sharing entity' |
| s 144KA |
Power to disclose confidential information to a risk assessment entity for a family violence assessment purpose |
4 Delegates
|
Where Council is an 'information sharing entity'
|
| s 144KB(1) |
Function of receiving a request from a risk assessment entity for confidential information for a family violence assessment purpose |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 144KB(2) |
Function of receiving confidential information from a risk assessment entity to assist with identifying the confidential information that is relevant to the request and determining whether to disclose confidential information |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 144KB(3) |
Duty to provide to the risk assessment entity written reasons for its failure to comply with the request |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 144KC(1) |
Duty to disclose confidential information to a risk assessment entity that has requested the information for a family violence assessment purpose |
4 Delegates
|
Where Council is an 'information sharing entity' |
| s 144LA |
Power to disclose confidential information to another information sharing entity for a family violence protection purpose |
4 Delegates
|
Where Council is an 'information sharing entity' |
| s 144LB(1) |
Power to request confidential information from another information sharing entity for a family violence protection purpose |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'requesting entity' |
| s 144LB(1) |
Function of receiving a request for confidential information from another information sharing entity for a family violence protection purpose |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 144LB(2) |
Power to provide the responding entity with any confidential information that may assist the responding entity to identify the confidential information relevant to the request or determine whether to disclose the confidential information |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'requesting entity' |
| s 144LB(2) |
Function of receiving confidential information from the requesting entity to assist with identifying the confidential information relevant to the request or determining whether to disclose the confidential information |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 144LB(3) |
Duty to provide to the requesting entity written reasons for Council's failure to comply with the request |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 144LB(3) |
Function of receiving from the responding entity written reasons for failure to comply with the request |
5 Delegates
|
Where Council is an 'information sharing entity' and a 'requesting entity' |
| s 144LC(1) |
Duty to disclose confidential information to another information sharing entity that has requested the confidential information for a family violence protection purpose |
4 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 144LC(1) |
Function of receiving a request for confidential information from another information sharing entity where the information is for a family violence protection purpose |
4 Delegates
|
Where Council is an 'information sharing entity' and a 'responding entity' |
| s 144LD |
Power to collect or use any confidential information disclosed to it for a family violence protection purpose |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 144M(1) |
Power to disclose confidential information about a person of concern to a primary person for a family violence protection purpose if the confidential information is not excluded information |
4 Delegates
|
Where Council is an 'information sharing entity' |
| s 144M(2) |
Power to disclose confidential information about a person of concern to the persons set out in s 144M(2)(a) and (b) if the primary person is a child and the confidential information is not excluded information |
4 Delegates
|
Where Council is an 'information sharing entity' |
| s 144N |
Power to collect, use and disclose confidential information about a relevant person without consent |
5 Delegates
|
Where Council is an 'information sharing entity'
The GMC shall be consulted prior to disclosing confidential information |
| s 144NA |
Duty not to collect, use or disclose confidential information about a primary person who is an adult unless s 144NA(a) or (b) applies |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 144NB |
Duty not to collect, use or disclose confidential information about a linked person unless s 144NB(a) or (b) applies |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 144NC(1) |
Power to collect, use and disclose confidential information about a primary person who is a child without the consent of any person if s 144NC(1)(a) or (b) applies |
5 Delegates
|
Where Council is an 'information sharing entity'
The GMC shall be consulted prior to disclosing confidential information |
| s 144NC(2) |
Power to collect, use and disclose confidential information about a primary person who is an adult or a linked person without the consent of the linked person if the information relates to confidential information set out in s 144NC(1)(a) and (b) |
5 Delegates
|
Where Council is an 'information sharing entity'
The GMC shall be consulted prior to disclosing confidential information |
| s 144ND(1) |
Power to obtain consent from the primary or linked person's authorised representatives, unless the authorised representative is a person of concern or is alleged to pose a risk of family violence |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 144P(5) |
Duty to comply with any guidelines issued under s 144P when handling confidential information in accordance with Part 5A |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 144PB |
Duty to record the prescribed information in respect of the information sharing entity's collection, use and disclosure of confidential information in accordance with Part 5A, and the Regulations |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 144QA |
Power to refuse to give an individual access to their confidential information under a relevant privacy law if s 144QA(1)(a) and (b) apply |
5 Delegates
|
Where Council is an 'information sharing entity' |
| s 190 |
Duty to ensure that Council's relevant policies, procedures, practice guidance and tools align with the Framework |
5 Delegates
|
Where Council is a 'framework organisation' that provides services relevant to family violence risk assessment and family violence risk management |
| s 14(2) |
Function of providing certain information to assist an owner of land to give a fencing notice |
1 Delegates
|
|
| s 16(1) |
Power to agree with adjoining owner of land on a fence line other than common boundary |
1 Delegates
|
With respect to land owned by or under the control of Council
|
| sch 1 Principle 1 |
Duty to not unreasonably withhold the approval of an application for a film permit, subject to this Act and any other Act
|
4 Delegates
|
|
|
Power to consider operational requirements such as commercial agreements and the maintenance of any land or facilities. or to consider public amenity, safety and security, and environmental and heritage impacts when approving a permit application |
4 Delegates
|
|
| sch 1 Principle 2 |
Duty to approve or refuse an application for a film permit in a timely manner and to take reasonable steps to respond to an applicant within 5 business days |
4 Delegates
|
|
| sch 1 Principle 3 |
Duty to give reasons for refusal of a film permit application. |
4 Delegates
|
|
| sch 1 Principle 4 |
Duty to take reasonable steps to provide a single point of contact to deal with commercial filming on public land |
4 Delegates
|
|
| sch 1 Principle 5 |
Duty to ensure that any application forms and other documents required to consider an application for a film permit are consistent with any standard forms or documents issued by Film Victoria |
3 Delegates
|
|
| sch 1 Principle 6 |
Duty for fees charged for applications for film permits and issuing film permits not exceed cost recovery |
4 Delegates
|
|
| sch 1 Principle 7 |
Duty to publish information about how a person may apply for a film permit on its website or on a website approved by Film Victoria |
4 Delegates
|
|
| sch 1 Principle 8 |
Duty to take reasonable steps to ensure that staff responsible for considering and issuing film permits are given appropriate information regarding the film industry |
3 Delegates
|
|
| s 10F(4) |
Function of receiving notice from Director regarding where infringement notice waived |
1 Delegates
|
|
| s 10S(1) |
Function of receiving a direction to suspend any enforcement action |
1 Delegates
|
|
| s 10S(4) |
Function of receiving notice of family violence scheme (FVS) applications |
2 Delegates
|
|
| s 10U(1)(c) |
Function of receiving a direction to withdraw an infringement notice and take no further action in relation to the relevant offence |
2 Delegates
|
|
| s 10U(2)(a) |
Duty to withdraw an infringement notice |
2 Delegates
|
If directed by the Director of Fines Victoria and within 28 days of the direction
By issuing a withdrawal notice that complies with s 19(a) and (b)(iii) of the Infringements Act 2006
|
| s 10U(2)(b) |
Duty to notify the Director and the FVS eligible person of the withdrawal of the infringement notice |
2 Delegates
|
|
| s 10V(4) |
Function of receiving a direction to, and a duty to, take no enforcement action during the enforcement suspension period |
2 Delegates
|
|
| s 10V(6) |
Power to take any action referred to in s 38(1)(a) with respect to the FVS eligible offence |
2 Delegates
|
if an effective known user statement is cancelled under s 84BF of the Road Safety Act 1986, and the FVS eligible offence is referred to Council |
| s 10V(7)(c) |
Function of receiving a direction to withdraw an infringement notice and take no further action in relation to the relevant offence |
2 Delegates
|
|
| s 10V(9)(a) |
Duty to withdraw an infringement notice |
2 Delegates
|
If directed by the Director of Fines Victoria and within 28 days of the direction
By issuing a withdrawal notice that complies with s 19(a) and (b)(iii) of the Infringements Act 2006
|
| s 10V(9)(b) |
Duty to notify the Director and the FVS eligible person of the withdrawal of the infringement notice |
2 Delegates
|
|
| s 10W(1) |
Function of receiving a written notice of the Director of Fines Victoria's determination |
1 Delegates
|
If the Director of Fines Victoria determines that an FVS applicant is not an FVS eligible person in respect of an FVS eligible offence |
| s 10W(4) |
Power to, 21 days after the Director has notified the FVS applicant of their ineligibility, immediately resume enforcement action |
2 Delegates
|
If the Director of Fines Victoria determines that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence under s 10T |
| s 10X(2) |
Function of receiving referred matters from the Director of Fines Victoria |
2 Delegates
|
|
| s 10Y(1)(a) |
Power to withdraw an infringement notice and take no further action or issue an official warning |
1 Delegates
|
Where the Director of Fines Victoria refers an infringement offence under s 10X(2)
by issuing a withdrawal notice under s 19 of the Infringements Act 2006
|
| s 10Y(1)(b) |
Power to file a charge-sheet charging the offence |
2 Delegates
|
|
| s 16 |
Function of registering infringement fines with Director of Fines Victoria and paying the prescribed fee |
3 Delegates
|
|
| s 20(4) |
Function of being advised by Director of Fines Victoria of determination |
1 Delegates
|
|
| s 21(1) |
Power to withdraw infringement notice, issue official warning or file a charge-sheet upon receipt of notice under s 20 |
1 Delegates
|
|
| s 21A |
Duty to notify Director of Fines Victoria of commencement of proceeding by filing a charge-sheet under s 21(1)(c) in writing |
1 Delegates
|
|
| s 22 |
Power to request Director of Fines Victoria not to issue or serve notice of final demand |
1 Delegates
|
|
| s 37(2) |
Function of receiving written notice of enforcement cancellation from Director of Fines Victoria |
1 Delegates
|
|
| s 38 |
Duty, once served notice of an enforcement cancellation notice, to withdraw notice, withdraw notice and issue a written warning or withdraw notice and commence proceeding |
1 Delegates
|
|
| s 38A |
Duty to notify Director of Fines of commencement of proceeding by filing a charge-sheet under s 38(1)(a)(iii) in writing |
1 Delegates
|
|
| s 43 |
Power to refer infringement fine to Director of Fines Victoria for management by payment arrangement upon request |
2 Delegates
|
|
| s 44 |
Function of receiving notice of notification of refusal of application under s 43 |
1 Delegates
|
|
| s 48(2) |
Duty to request Director of Fines Victoria to remove infringement fine if infringement notice withdrawn |
3 Delegates
|
|
| s 54(1) |
Duty to provide Director of Fines Victoria with most up-to-date contact details of persons where referring infringement fine |
1 Delegates
|
|
| s 54(5) |
Function of receiving notice from Director of Fines Victoria where fine recipient makes certain requests or the payment arrangement that applies to that person is cancelled under s 56 |
1 Delegates
|
|
| s 174 |
Function of receiving request from the Director of Fines Victoria or the sheriff |
1 Delegates
|
Where Council is a 'specified body' |
| s 175 |
Duty to comply with a request from the Director of Fines Victoria or the Sheriff for the supply of information for the purpose of enforcing registered fines
|
2 Delegates
|
Where Council is a 'specified body'
Unless the CEO of the Council certifies in writing that exceptional circumstances apply
|
| s 4J(4) |
Function of consulting with Fire District Review Panel |
1 Delegates
|
|
| s 5 |
Duty to take all practicable steps to prevent fire and minimise spread of fires
|
3 Delegates
|
|
| s 5(2) |
Power to acquire equipment and do anything necessary to fulfil duty under s 5(1) and pay for it from municipal fund |
1 Delegates
|
|
| s 5A(1)(a) |
Duty to appoint fire prevention officer |
1 Delegates
|
CEO retains power - Not delegated |
| s 5A(1)(b) |
Power to appoint assistant fire prevention officer
|
3 Delegates
|
|
| s 72(1) |
Power to request the Board to carry out fire prevention works |
3 Delegates
|
|
| s 72(2) |
Duty to pay for any fire prevention work carried out |
1 Delegates
|
|
| s 72(3) |
Power to consent to carrying out fire prevention work |
1 Delegates
|
|
| s 77(3) |
Function of receiving penalties recovered for offences committed against s 91 |
1 Delegates
|
If fire prevention notice was issued by a fire prevention officer |
| s 9(9) |
Power to apportion any levy amount |
2 Delegates
|
For 2 or more parcels of land which have a combined valuation and are owned separately
|
| s 9A(1) |
Function of receiving application for single farm enterprise exemption |
2 Delegates
|
|
| s 9A(2)(b) |
Power to specify form and timeframe for making applications under s 9A(1) |
2 Delegates
|
|
| s 9A(3) |
Power to require further particulars or for applicant to verify particulars regarding application |
2 Delegates
|
|
| s 9A(4) |
Function of receiving notice of changes in circumstances |
2 Delegates
|
|
| s 19 and 20 |
Duty to pay levy amount in respect of leviable land owned by Council |
2 Delegates
|
Note: Council is only liable to pay the relevant fixed charge in respect of land described in s 20(1) |
| s 21(3)(a) |
Function of assessing the amount of levy payable |
3 Delegates
|
|
| s 21(3)(b) |
Function of collecting the levy payable |
3 Delegates
|
|
| s 21(4)(a) |
Function of assessing the amount of levy payable |
3 Delegates
|
If Council has been directed to be a collection agency in respect of non-rateable leviable land not located within its municipal district boundaries |
| s 21(4)(b) |
Function of collecting the levy payable |
3 Delegates
|
If Council has been directed to be a collection agency in respect of non-rateable leviable land not located within its municipal district boundaries |
| s 22 |
Power to exercise powers and functions under s 121 of the Local Government Act 2020 (land information certificates) and s 313 of the Local Government Act 2020 (institute proceedings) |
2 Delegates
|
|
| s 24 |
Duty to keep levy records in accordance with s 24 |
2 Delegates
|
|
| s 25(1) |
Duty to give a written notice to the owner of leviable land or to another specified person if requested by owner |
3 Delegates
|
|
| s 25(6) |
Duty to transfer the amount of levy collected to the Commissioner |
2 Delegates
|
|
| s 27(1) |
Power to defer payment of levy in respect of rateable leviable land where applicant shows hardship |
2 Delegates
|
s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 27.
Note: may only defer levy if have deferred rates or charges under s 170 of the Local Government Act 1989 for that land
|
| s 27(1) |
Power to require payment of levy in respect of rateable leviable land where applicant no longer in hardship or no longer occupies land |
2 Delegates
|
s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 27 |
| s 27(1) |
Power to waive levy in respect of rateable leviable land |
2 Delegates
|
s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)
Note: may only waive levy if have waived rates or charges under s 171 of the Local Government Act 1989 for that land
|
| s 27(1) |
Duty to waive levy upon receipt of an application which complies with s 171(4) of the Local Government Act 1989, in respect of rateable leviable land |
2 Delegates
|
s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)
Note: may only waive levy if have waived rates or charges under s 171 of the Local Government Act 1989 for that land
|
| s 27(1) |
Power to decide to treat a person to whom a waiver is granted as having made a continuing application or waiver in respect of rateable leviable land, in accordance with s 171(4)(f) of the Local Government Act 1989 |
2 Delegates
|
s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)
Note: may only waive levy if have waived rates or charges under s 171 of the Local Government Act 1989 for that land
|
| s 27(1) |
Function of receiving application for waiver of levy in respect of rateable leviable land |
2 Delegates
|
s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)
Note: may only waive levy if have waived rates or charges under s 171A of the Local Government Act 1989 for that land
|
| s 27(1) |
Power to require information or verification in respect of rateable leviable land |
3 Delegates
|
s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)
Note: may only waive levy if have waived rates or charges under s 171A of the Local Government Act 1989 for that land
|
| s 27(1) |
Power to waive levy or levy interest in respect of rateable leviable land |
2 Delegates
|
s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)
Note: may only waive levy if have waived rates or charges under s 171A of the Local Government Act 1989 for that land
|
| s 28(1) |
Power to defer payment of levy in respect of non-rateable leviable land where applicant shows hardship |
2 Delegates
|
s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 28 |
| s 28(1) |
Power to require payment of levy in respect of non-rateable leviable land where applicant no longer in hardship or no longer occupies land |
2 Delegates
|
s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 28 |
| s 28(1) |
Power to waive levy in respect of non-rateable leviable land |
2 Delegates
|
s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 28(4) |
| s 28(1) |
Duty to waive levy upon receipt of an application which complies with s 171(4) of the Local Government Act 1989, in respect of non-rateable leviable land |
2 Delegates
|
s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 28(4) |
| s 28(1) |
Power to decide to treat a person to whom a waiver is granted as having made a continuing application or waiver in respect of non-rateable leviable land, in accordance with s 171(4)(f) of the Local Government Act 1989 |
2 Delegates
|
s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 28(4) |
| s 28(1) |
Function of receiving application for waiver of levy in respect of non- rateable leviable land |
2 Delegates
|
s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 28(4) |
| s 28(1) |
Power to require information or verification in respect of non-rateable leviable land |
3 Delegates
|
s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 28(4) |
| s 28(1) |
Power to waive levy or levy interest in respect of non-rateable leviable land |
2 Delegates
|
s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 28(4) |
| s 29(1) |
Duty to give concession |
2 Delegates
|
|
| s 30(1) |
Duty to require a person to pay levy interest |
2 Delegates
|
|
| s 30(3) |
Power to obtain court order requiring payment of levy |
2 Delegates
|
|
| s 30(4) |
Power to waive levy interest where court order obtained under s 30(3) |
2 Delegates
|
|
| s 30(5) |
Power to exempt any person from paying the whole or part of levy interest, in accordance with s 30(5)(a) or (b) |
2 Delegates
|
|
| s 30(6) |
Power to recover levy interest due in the same way as Council recovers the levy amount |
2 Delegates
|
|
| s 31(1) |
Power to recover the whole of the levy from either all, any or one persons jointly liable to pay levy |
2 Delegates
|
Where 2 or more persons jointly liable to pay levy |
| s 31A(2)(a) |
Duty to refund amount of levy proportionate to the part of levy year remaining where land ceases to be leviable land and levy payment has already been made |
2 Delegates
|
|
| s 31A(2)(b) |
Duty to only require proportionate amount of levy to be paid where land ceases to be leviable land and levy payment has not already been made |
2 Delegates
|
|
| s 32(7) |
Power to recover amount in arrears, in accordance with s 32(7) |
3 Delegates
|
|
| s 33(1) |
Power to send notice where levy due and unpaid |
3 Delegates
|
|
| s 33(5) |
Power to recover unpaid amount due |
3 Delegates
|
|
| s 34 |
Duty to make adjustment and apply or refund overpayment in accordance with s.34 and give a revised assessment notice to the owner or specified person |
2 Delegates
|
Where an objection, review or appeal results in the alteration of a valuation or a decision to attribute a different AVPCC
|
| s 35(1) |
Power to recover unpaid levy amount |
2 Delegates
|
|
| s 35(4)(b) |
Power to request occupier to disclose the amount of rent and name and address of person to whom rent is payable |
2 Delegates
|
|
| s 36(1) |
Function of receiving application for refund of amounts overpaid |
3 Delegates
|
|
| s 36(4) |
Duty to refund overpayment, if determined that the payment was in excess of amount owed |
3 Delegates
|
|
| s 36(5) |
Power to refund overpayment, if determined that the payment was in excess of amount owed |
3 Delegates
|
|
| s 37(1) |
Duty to separately account for levy amounts and levy interest collected |
2 Delegates
|
|
| s 37(3) |
Power to retain any interest earned on levy amounts and levy interest |
2 Delegates
|
|
| s 37(5) |
Duty to refund over payment |
3 Delegates
|
|
| s 38(1) |
Power to cancel assessment of person's liability to pay levy if satisfied that an assessment has been made in error |
3 Delegates
|
|
| s 38(2) |
Duty to comply with requirements in s 38(2) where Council has made an assessment in error |
2 Delegates
|
|
| s 39(2) |
Duty to conduct another assessment of the levy amount and, if applicable, give the owner or specified person a revised assessment notice, in accordance with s 39(2) |
2 Delegates
|
|
| s 39(3) |
Duty to refund payment in excess of amount owed and any interest accrued |
3 Delegates
|
|
| s 40 |
Duty to submit a return to the Commissioner |
2 Delegates
|
In a form approved by the Commissioner and in accordance with any directions issued by the Minister |
| s 41(1) |
duty to pay all levy amounts and levy interest received to the Commissioner in 4 instalments |
2 Delegates
|
|
| s 41(4) |
Power to decide to forward late payments of levy amounts and levy interest to the Commissioner at the same time as the next instalment is payable |
2 Delegates
|
|
| s 71(1) |
Function of receiving application for alteration of levy records |
2 Delegates
|
|
| s 71(2) |
Power to specify the manner and form of applications under s 71(1) |
2 Delegates
|
|
| s 72 |
Duty to comply with any Ministerial directions issued under s 72 |
2 Delegates
|
|
| s 4C(1) |
Function of receiving a request for information from the Minister |
2 Delegates
|
Where Council is a public authority |
| s 4C(2) |
Duty to comply with a Minister's request for information under s 4C(1) |
2 Delegates
|
Where Council is a public authority |
| s 7(2) |
Function of consulting with the Secretary either before the action starts or, if the action has already started, within 15 days of the request being made |
2 Delegates
|
Where Council is a public authority
If the Secretary is of the opinion that an action taken or to be taken by Council is likely to threaten the survival of a listed taxon or community of flora or fauna or a critical habitat |
| s 20B(1)(a) |
Function of receiving written notice from the Secretary |
2 Delegates
|
Where Council is a landholder of any land that is within the area of the proposed determination |
| s 20B(1)(b) |
Function of receiving written notice from the Secretary |
2 Delegates
|
Where Council is a public authority that performs a function or exercises a power in the area of the proposed determination |
| s 20B(5) |
Power to request that the information set out in s 20B(3) be withheld |
2 Delegates
|
Where Council is a landholder |
| s 25(1) |
Function of being party to an agreement for management of flora and fauna |
2 Delegates
|
|
| s 29(1)(a) |
Function of receiving notice of the making of a habitat conservation order from the Minister in relation to land within the critical habitat |
2 Delegates
|
Where Council is a landholder |
| s 29(1)(b) |
Function of receiving notice of the making of a habitat conservation order from the Minister |
2 Delegates
|
Where Council is a public authority that performs a function or exercises a power in the critical habitat
|
| s 57(2)(h) |
Function of giving, to an authorised officer, samples of any thing in respect of which the authorised officer suspects that there has been a contravention of the Flora and Fauna Guarantee Act 1988 (Vic) or an instrument referred to in s 57(1) that is found at the land, building or vehicle |
2 Delegates
|
Where Council is the landholder of the land or is apparently in charge of the building or vehicle (as the case requires) |
| s 57(2)(k) |
Function of receiving notice from an authorised officer |
2 Delegates
|
Where Council is the landholder of the land |
| s 7D(3) |
Duty to comply with a declaration made by the Secretary under s 7D(1) |
2 Delegates
|
|
| s 7E(6) |
Duty to publish a copy of a direction given by the Minister under s 7E(1) in the annual report |
2 Delegates
|
|
| s 19(4)(b) |
Duty to notify the Department of the making of the order |
2 Delegates
|
If s 19(1) applies |
| s 19(4)(c) |
Duty to notify the registration authority of the making of the order and any appeal and the outcome of the appeal |
6 Delegates
|
If s 19(1) applies and if Council is not the registration authority |
| s 19A(4)(b) |
Function of receiving notice from authorised officer |
2 Delegates
|
Where Council is the registration authority |
| s 19BA(3) |
Duty to give notice of the variation or revocation of the order to the general public in the same manner as the original notice |
6 Delegates
|
Must be done by the same person as gave the original notice |
| s 19EA(3) |
Function of receiving a copy of any significant revision made to the food safety program |
6 Delegates
|
Where Council is the registration authority |
| s 19H(5)(a) & (5)(b) |
Duty to take into account (a) the food safety performance of the food business; and (b) any guidelines issued by the Secretary in determining the frequency and intervals of the assessments and audits |
5 Delegates
|
Where Council is the registration authority |
| s 19I |
Duty to conduct a food safety assessment as required under s 19H |
6 Delegates
|
Subject to s 19J
Where Council is the registration authority
|
| s 19IA(2) |
Duty to give written notice to proprietor if food safety requirements or s 19DC(2) have not been complied with unless s 19IA(3) applies. |
6 Delegates
|
Where Council is the registration authority |
| s 19N |
Function of receiving information from a food safety auditor |
2 Delegates
|
Where Council is the registration authority |
| s 19U(4) |
Duty to ensure that information relating to costs of a food safety audit are available for inspection by the public |
2 Delegates
|
|
| s 19UA(4) |
Duty to consider proprietor's history of compliance in deciding whether to charge the fee |
2 Delegates
|
|
| s 19UA(5) |
Duty to ensure that the method of determining a fee under s 19UA(3)(a) and the considerations that apply under s 19UA(4) are available for inspection by the public |
2 Delegates
|
|
| s 20(1C) |
Duty to ensure authorised officers are suitably qualified or trained |
2 Delegates
|
|
| s 20(2) |
Power to limit or impose conditions on the authority granted to an authorised officer |
2 Delegates
|
|
| s 26(5) |
Duty to destroy or dispose of article |
2 Delegates
|
|
| s 32(1) |
Duty to submit samples of food for analysis |
4 Delegates
|
|
| s 32(3) |
Function of receiving report by analyst |
6 Delegates
|
|
| s 35A(2) |
Function of receiving notice of operation from the proprietor of a food premises |
6 Delegates
|
Where Council is the registration authority |
| s 37 |
Function of receiving application, information and documents required under s 36 from the proprietor of a food business |
5 Delegates
|
|
| s 38(3) |
Duty to consult with the Secretary about the proposed exemption under s 38(2) |
2 Delegates
|
|
| s 38AA(2) |
Function of being notified of operation |
6 Delegates
|
Where Council is the registration authority |
| s 38AA(4) |
Duty to determine whether the food premises are exempt from the requirement of registration |
6 Delegates
|
Where Council is the registration authority |
| s 38A(5) & (6) |
Function of receiving a food safety audit certificate from a proprietor |
6 Delegates
|
Where Council is the registration authority |
| s 38B(1)(c) |
Duty to inspect premises |
6 Delegates
|
Where Council is the registration authority |
| s 38E(1)(c) |
Function of assessing the requirement for a food safety program |
6 Delegates
|
Where Council is the registration authority |
| s 38E(3)(a) |
Function of receiving certificates |
6 Delegates
|
Where Council is the registration authority |
| s 38F(3)(a) |
Duty to note the change to the classification of the food premises on the certificate of registration |
6 Delegates
|
Where Council is the registration authority |
| s 39(2) |
Duty to inspect within 12 months before renewal of registration |
6 Delegates
|
Where Council is the registration authority |
| s 39(3) |
Duty to inspect within 3 months before renewal of registration if circumstances in s 39(3)(a)-(d) apply |
6 Delegates
|
Where Council is the registration authority |
| s 39A(6) |
Duty to comply with direction of Secretary. |
6 Delegates
|
|
| s 40(1) |
Duty to issue a certificate of registration in the prescribed form |
6 Delegates
|
Where Council is the registration authority |
| s 40D(2) |
Duty to specify how long a suspension is to last under s 40D(1) |
6 Delegates
|
Where Council is the registration authority |
| s 40E(4) |
Duty to comply with direction of Secretary |
6 Delegates
|
|
| s 43(1) and (2) |
Duty to maintain records of the prescribed particulars and orders in force under Part III |
6 Delegates
|
Where Council is the registration authority |
| s 43(3) |
Duty to make available information held in records, free of charge, on request |
6 Delegates
|
Where Council is the registration authority |
| s 43I |
Function of receiving a statement of trade of a proprietor of a food business |
6 Delegates
|
|
| s 45AA |
Power to act in proceedings against the Crown |
5 Delegates
|
Power of the responsible agency |
| s 45AC |
Power to bring proceedings for an offence under the Act |
7 Delegates
|
|
| s 53G(1) |
Duty to provide information in s 53G(1) to the Secretary as soon as practicable after a person is convicted by a court for an offence under this Act |
5 Delegates
|
Where Council is the 'relevant Council' under s 53G(6) |
| s 53G(2) |
Duty to advise the Secretary that a person has not appealed a conviction within the time allowed |
5 Delegates
|
Where Council is the 'relevant Council' under s 53G(6) |
| s.53G(3) |
duty to inform the Secretary of the fact that an appeal or application for leave is lodged against the conviction and of other matters in this subsection |
5 Delegates
|
where Council is the relevant Council under subsection (6) |
| s 53G(4) |
Duty to inform the Secretary of the outcome of the appeal or application |
5 Delegates
|
Where Council is the 'relevant Council' under s 53G(6) |
| s 58(1) |
Duty to notify the Victorian Liquor Commission where an order is made under s 19 of the Act and a licence/permit under the Liquor Control Reform Act 1998 is in force |
5 Delegates
|
Where Council is the registration authority |
| s 58(2) |
Duty to notify the Victorian Liquor Commission when a holder of a permit/licence under the Liquor Control Reform Act 1998 is found guilty or pleads guilty and in respect of which no conviction is recorded |
5 Delegates
|
Where Council is the registration authority |
| s 58B(1) |
Power to take action in relation to a thing done or omitted at the food premises |
6 Delegates
|
Where Council is the registration authority for the temporary or mobile food premises |
| s 58B(2) |
Power to take into account results of inspection, assessment, audit or other action taken by another registration authority in relation to temporary or mobile food premises |
6 Delegates
|
Where Council is the registration authority for the temporary or mobile food premises |
| s 59C(2) |
Power to take actions necessary to ensure compliance with direction under Part III or Part VII |
6 Delegates
|
|
| s 59C(7)(b) |
Power to recover costs incurred under s 59C(2) or (3) |
4 Delegates
|
|
| s 71(a) |
Power to revoke or suspend of the registration of the food premises under Part IIIB or s 40D in certain circumstances |
2 Delegates
|
|
| s 7 |
Duty to publish information |
1 Delegates
|
|
| s 49D(3) |
Power to request a copy of the application from the Information Commissioner |
1 Delegates
|
|
| s 49G(3) |
Function of receiving notice from the Information Commissioner |
2 Delegates
|
|
| s 49I |
Duty to assist the Information Commissioner to undertake a review |
1 Delegates
|
|
| s 49K |
Function of consulting with the Information Commissioner |
2 Delegates
|
|
| s 49KA(2)(a) |
Function of processing or identifying a reasonable sample of the documents upon notice from the Information Commissioner |
2 Delegates
|
If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
|
| s 49KA(2)(b) |
Function to undertake a further search, or to cause a further search to be undertaken, for documents in the possession, custody or control of the agency or Minister, upon notice from the Information Commissioner |
2 Delegates
|
If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
|
| s 49KA(3) |
Duty to comply with requests under s 49KA(2) within the reasonable time stated in the Information Commissioner's notice, being not less than 10 business days |
1 Delegates
|
If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
|
| s 49KA(4) |
Power to apply for extension |
1 Delegates
|
|
| s 49KA(7) |
Duty to notify the Information Commissioner within 3 business days after the end of the period referred to in s 49KA(2) or (3) of the information contained in s 49KA(7)(a)-(b) |
2 Delegates
|
If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
|
| s 49KA(8) |
Function to have the matter referred from the Information Commissioner in accordance with s 49L |
1 Delegates
|
If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
|
| s 49L(1A) |
Duty to make a fresh decision where a matter is referred back to Council by the Information Commissioner |
1 Delegates
|
Decision must be made within 28 days of referral, unless other time period agreed under s 49L(2) |
| s 49L(2) |
Power to agree with the Information Commissioner to another time period for making the fresh decision under s 49L(1) |
1 Delegates
|
|
| s 49L(4) |
Duty to notify the Information Commissioner that a fresh decision has been made or has not been made |
1 Delegates
|
|
| s 49L(5) |
Duty to revoke the earlier decision where a fresh decision has been made and to inform the applicant of the requirements of s 49L(6) and the effect of s 49(7) |
1 Delegates
|
|
| s 49M(1) |
Power to exercise a choice to reconsider the subject matter of an application for review and make a fresh decision |
1 Delegates
|
Must advise the Information Commissioner and the applicant in writing
Decision must be made within 28 days of referral, unless other time period agreed under s 49M(2)
May make a fresh decision only once during a review under this part s 49M(8)
|
| s 49M(2) |
Power to agree with Information Commissioner to another time period for making a fresh decision |
1 Delegates
|
|
| s 49M(4) |
Duty to notify the Information Commissioner in writing of a whether a fresh decision has or has not been made |
2 Delegates
|
|
| s 49M(5) |
Duty to revoke the earlier decision where a fresh decision has been made and to inform the applicant of the requirements of s 49M(6) and the effect of s 49M(7) |
1 Delegates
|
|
| s 49N |
Function of entering into an agreement in relation to a decision that is the subject of a review |
1 Delegates
|
|
| s 50(3D) |
Power to apply to the Tribunal for review of a decision of the Information Commissioner under s 49P |
1 Delegates
|
|
| s 50(3F) |
Duty to notify the Information Commissioner of an application for review under s 50(3D) |
2 Delegates
|
|
| s 50(3FA) |
Duty to notify the Information Commissioner of an application for review under s 50(3D1) (b), (c), (d) or (g) |
1 Delegates
|
|
| s 53(6) |
Power to make an application to the Tribunal for an extension of time |
1 Delegates
|
|
| s 53A(1) |
Duty to, if practicable, give written notice in accordance with s 53A(2) |
1 Delegates
|
|
| s 61E |
Duty to co-operate with Information Commissioner where a complaint relates to the agency |
2 Delegates
|
|
| s 61G |
Function of consulting with the Information Commissioner |
2 Delegates
|
|
| s 61GA(1)(a) |
Function of processing or identifying a reasonable sample of the documents upon notice from the Information Commissioner |
2 Delegates
|
Where the Information Commissioner believes that an agency, principal officer or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of the complaint under s 25A(1) or s 25A(5)
|
| s 61GA(1)(b) |
Function to undertake a further search, or to cause a further search to be undertaken, for documents in the possession, custody or control of the agency or Minister, upon notice from the Information Commissioner |
2 Delegates
|
Where the Information Commissioner believes that an agency, principal officer or Minister has failed to undertake an adequate search for documents that relate to a decision
|
| s 61GA(2) |
Duty to comply with requests under s 61GA(1) within the reasonable time stated in Information Commissioner's notice, being not less than 10 business days |
2 Delegates
|
|
| s.61GA(3) |
power to apply for extension |
2 Delegates
|
|
| s 61H |
Power to reach an agreement with a complainant |
1 Delegates
|
|
| s 61I(2) |
Power to make submissions to the Information Commissioner in relation to a complaint |
2 Delegates
|
|
| s.61L(5) |
Power to comment on, and respond to, a draft recommendation |
1 Delegates
|
|
| s 63BA(1) |
Power to apply to the Supreme Court to determine whether the Information Commissioner, or the Public Access Deputy Commissioner, has jurisdiction to serve a notice to produce or attend |
1 Delegates
|
|
| s 64B |
Duty to provide the Information Commissioner any information referred to in s 64(2) |
2 Delegates
|
|
| s 65AB |
Duty to notify the responsible Minister if Council seeks leave to appeal |
1 Delegates
|
|
| s 3.3.5 |
Function of receiving a copy of proposed applications |
3 Delegates
|
|
| s 3.3.5AA |
Function of receiving notification from the Commission |
4 Delegates
|
|
| s 3.3.5AB(2) |
Function of receiving a copy of the amended application |
4 Delegates
|
|
| s 3.3.5B |
Duty to notify the Commission in writing as to whether it intends to make a submission under s 3.3.6 |
4 Delegates
|
|
| s 3.3.6 |
Power to make submission to Commission on application for approval of premises |
4 Delegates
|
|
| s 3.3.8(4) |
Function of receiving notification from the Commission of its decision |
5 Delegates
|
|
| s 3.3.14 |
Power to apply to Tribunal for review of Commission's decision granting approval of premises |
4 Delegates
|
|
| s 3.4.18(2) |
Function of receiving a copy of proposed request |
4 Delegates
|
|
| s 3.4.18A |
Function of receiving notification from the Commission that it has received a request |
4 Delegates
|
|
| s 3.4.18B(2) |
Function of receiving amended copies of proposed request |
4 Delegates
|
|
| s 3.4.18C |
Duty to notify Commission as to whether it intends to make a submission under s 3.4.19 |
4 Delegates
|
|
| s 3.4.19 |
Power to make submission to the Commission addressing the economic and social impact of a proposed licence amendment on the wellbeing of the community of the municipal district in which the approved venue (or venue whose approval under Part 3 is suspended) is located; and taking into account the impact of the proposed amendment on surrounding municipal districts |
4 Delegates
|
|
| s 3.4.21(2) |
Power to apply to Tribunal for review of Commission's decision relating to amendment increasing number of gaming machines |
4 Delegates
|
|
| s 8.5.3(2) |
Function of receiving a copy of application for bingo centre |
4 Delegates
|
|
| s 8.5.5 |
Power to submit report to Commission on application received under s 8.5.3(3)(a) |
4 Delegates
|
|
| s 7(a) |
Duty to consider and promote gender equality |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 7(b) |
Duty to take necessary and proportionate action towards achieving gender equality |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 9(1) |
Duty to undertake a gender impact assessment |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 10(1) |
Duty to prepare a Gender Equality Action Plan |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 10(2)(a) |
Duty to take into account the gender equality principles in preparing a Gender Equality Action Plan |
1 Delegates
|
Where Council is a 'defined entity' |
| s 10(2)(b) |
Duty to consult in preparing a Gender Equality Action Plan |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 10(3) |
Duty to ensure adequate resources are allocated to developing and implementing the Gender Equality Action Plan
|
1 Delegates
|
Where Council is a 'defined entity'
|
| s 11(1) |
Duty to undertake a workplace gender audit before developing a Gender Equality Action Plan |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 11(2)(d) |
Power to determine any other matters that are relevant |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 12(1) |
Duty to submit a Gender Equality Action Plan to the Commissioner |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 12(2) |
Power to request an extension of time to submit the Gender Equality Action Plan |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 12(3)(a) |
Duty to, within a reasonable time after submitting the Gender Equality Action Plan to the Commissioner, publish the completed Gender Equality Action Plan on Council's website |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 12(3)(b) |
Duty to, within a reasonable time after submitting the Gender Equality Action Plan to the Commissioner, notify the councillors, employees and employee representatives of the publication |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 13(1) |
Power to submit to the Commissioner a report or document prepared by Council for another purpose and request that it be taken to be a Gender Equality Action Plan |
1 Delegates
|
Where Council is a 'defined entity'
In consultation with the Chief Executive Officer |
| s 13(3) |
Duty to, if a report or other document is taken to be a Gender Equality Action Plan, publish it on Council's website, and notify the councillors, employees and employee representatives of the publication |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 15(1) |
Power to amend its Gender Equality Action Plan at any time if considers the amendment is considered necessary |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 15(2)(a) |
Duty to submit the amended Gender Equality Action Plan to the Commissioner |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 15(2)(b) |
Duty to, within a reasonable time after submitting the amended Gender Equality Action Plan to the Commissioner, publish the amended plan on Council's website, and notify the councillors, employees and employee representatives of the publication |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 16(1) |
Duty to make reasonable and material progress in relation to the workplace gender equality indicators |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 18(1) |
Duty to make reasonable and material progress towards meeting gender equality targets prescribed |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 18(2) |
Duty to make reasonable and material progress towards meeting gender equality quotas prescribed |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 19(1) |
Duty to submit a progress report to the Commissioner |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 19(2) |
Power to request an extension of time to submit a progress report |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 19(4) |
Duty not to identify or report on a policy, program or service if it would disclose any of the information set out in s 19(4)(a) – (c)
|
2 Delegates
|
Where Council is a 'defined entity'
|
| s 20 |
Duty to publish Council's progress report on its website as soon as reasonably practicable after it is submitted under s 19(1) |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 22(1) |
Function of being issued with a compliance notice from the Commissioner |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 22(2) |
Duty to comply with the compliance notice |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 24(1) |
Power to, 14 days after receiving a compliance notice, give a written response to the Commissioner outlining Council's reasons for disagreeing with the compliance notice |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 25(1) |
Power to apply to the Tribunal for review of the Commissioner's decision to confirm a compliance notice under s 24(2)(c) |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 26(a) |
Power to provide the Commissioner with a written undertaking |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 27(2) |
Power to, with the consent of the Commissioner, withdraw or vary the undertaking |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 47(2) |
Duty to have regard to any guidelines issued under s 47(1) |
2 Delegates
|
Where Council is a 'defined entity'
|
| s 48(2) |
Duty to have regard to the guidelines |
2 Delegates
|
Where Council is a 'defined entity' and subject to guidelines issued under s 48(1)
|
| s 49(2) |
Duty to have regard to the guidelines |
2 Delegates
|
Where Council is a 'defined entity' and subject to guidelines issued under s 49(1)
|
| s 51(1) |
Duty to, before publication, remove any personal information from a Gender Equality Action Plan and progress report |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 51(2) |
Duty to, when submitting to the Commissioner material that is likely to be published, advise the Commissioner whether the material contains any personal information |
1 Delegates
|
Where Council is a 'defined entity'
|
| s 18(1) |
Power to take action necessary to remove or obliterate graffiti from private premises where graffiti is visible from a public place, in accordance with s 18 |
3 Delegates
|
|
| s 18(2) |
Power to enter private property for the purpose of s 18(1) if notice provided and owner has given written consent to removal of graffiti and entry |
3 Delegates
|
|
| s 18(2)(a) |
Power to serve notice regarding proposal to remove or obliterate graffiti at least 28 days before action proposed to be taken |
3 Delegates
|
|
| s 18(3)(a) |
Duty to serve notice regarding proposal to remove or obliterate graffiti at least 10 days before it is proposed to take action to remove or obliterate graffiti (where entry to private premises not necessary) |
3 Delegates
|
|
| s 18(3)(b) |
Power to remove or obliterate graffiti (where entry not necessary), Where written notice of proposed action given and owner gives consent or does not object in accordance with notice |
3 Delegates
|
|
| s 18(3A) |
Power to take further action to remove or obliterate graffiti |
3 Delegates
|
Within 3 months after Council has taken action under subsection (3) |
| s 18(8)(a) |
Duty to take reasonable steps to consult with owner or occupier in relation to manner of taking action to remove or obliterate graffiti |
3 Delegates
|
|
| s 18(8)(b) |
Duty to ensure that work is done by an authorised person, where entry to the property is necessary under s 18(1) |
3 Delegates
|
|
| s 18(8)(c) |
Duty to ensure that work is carried out expeditiously and to avoid unnecessary inconvenience and disruption and with reasonable care and to reasonable standards |
3 Delegates
|
|
| s 19(1) |
Power to authorise a person to carry out Council's functions under s 18. |
1 Delegates
|
|
| s 19(2)(c) |
Power to determine performance criteria for authorised persons |
1 Delegates
|
|
| s 20(1) |
Duty to issue an identity card to an authorised person |
1 Delegates
|
|
| s 12 |
Duty to apply the principles set out in ss 13, 14, 15 and 16 in Part 3 when performing a function or duty or exercising a power in relation to the Great Ocean Road coast and parks |
2 Delegates
|
This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council
|
| s 22(1)(f) |
Duty to comply with parts of the Great Ocean Road strategic framework plan that are binding on Council and duty to have regard to the other parts as required by the plan |
2 Delegates
|
This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council
|
| s 41 |
Duty to make an approved Great Ocean Road strategic framework plan available for public inspection at the Council office and internet site |
1 Delegates
|
This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council
|
| s 49A |
Function of providing information to the Authority |
2 Delegates
|
This provision applies to a responsible entity
|
| s 49B |
Function of consulting with the Authority, if planning the development of visitor facilities or visitor infrastructure |
3 Delegates
|
This provision applies to a responsible entity
|
| s 49C |
Duty to comply with guidelines issued by the Authority |
1 Delegates
|
This provision applies to a responsible entity
|
| s 63 |
Duty to prepare an annual report on the implementation of the approved Great Ocean Road strategic framework plan during the previous year |
2 Delegates
|
This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council
|
| s 48 |
Function of receiving notice of complaint from the Health Complaints Commissioner |
2 Delegates
|
|
| s 51(1) |
Function of receiving notice that Health Complaints Commissioner has declined to entertain a complaint |
2 Delegates
|
|
| s 51(3) |
Function of receiving notice that Health Complaints Commissioner referred complaint |
2 Delegates
|
|
| s 52(2) |
Function of receiving notice that Health Complaints Commissioner referred complaint to registration board |
2 Delegates
|
|
| s 53(2) |
Function of receiving notice that Health Complaints Commissioner has dismissed a stale complaint |
2 Delegates
|
|
| s 56(3) |
Power to indicate wishes with respect to whether conciliation appropriate |
2 Delegates
|
|
| s 56(4) |
Function of receiving notice of Health Complaints Commissioner's decision under s 56(1) |
2 Delegates
|
|
| s 57(4) |
Function of receiving notice that Health Complaints Commissioner has dismissed the complaint after deciding conciliation is inappropriate |
2 Delegates
|
|
| s 61(1)(b) |
Power to sign the record of a conciliation agreement |
2 Delegates
|
|
| s 61(2) |
Power to lodge a copy of the record with the Tribunal |
2 Delegates
|
|
| s 63(1) |
Function of receiving notice that conciliation has failed |
2 Delegates
|
|
| s 63(8) |
Function of receiving notice that Health Complaints Commissioner has dismissed the complaint following a failed conciliation |
2 Delegates
|
|
| s 63(10) |
Function of receiving notice that Health Complaints Commissioner is to conduct an investigation of the complaint |
2 Delegates
|
|
| s 64(2) |
Function of receiving notice of Health Complaints Commissioner's ruling |
2 Delegates
|
|
| s 64(7) |
Duty to report on action taken following notice of a ruling requiring specified action |
2 Delegates
|
|
| s 65(1) |
Power to require the Health Complaints Commissioner to refer the complaint to the Tribunal |
2 Delegates
|
|
| s 72 |
Power to apply to the Tribunal for review of a decision to serve a compliance notice |
2 Delegates
|
|
| s 73(1) |
Power to apply to the Tribunal for an interim order |
2 Delegates
|
|
| s 118(1)(b) |
Duty to give or not give consent to the grant of a mass or dimension exemption notice for a category of heavy vehicles
|
1 Delegates
|
Where Council is the relevant road manager
Must comply with requirements of s 156 |
| s 124(1)(b) |
Duty to give or not give consent to the grant of a mass or dimension exemption permit for a heavy vehicle
|
1 Delegates
|
Where Council is the relevant road manager
Must comply with requirements of s 156 |
| s 139(1)(b) |
Duty to give or not give consent to the grant of a class 2 heavy vehicle authorisation notice |
1 Delegates
|
Where Council is the relevant road manager |
| s 145(1)(b) |
Duty to give or not give consent to the grant of a class 2 heavy vehicle permit |
1 Delegates
|
Where Council is the relevant road manager |
| s 156(1) |
Duty to give or not give consent |
1 Delegates
|
Where Council is the relevant road manager |
| s 156(2) |
Power to request a longer period to decide to give or not give consent under s 156(1) |
1 Delegates
|
Where Council is the relevant road manager |
| s 156(3) |
Function of giving Regulator a written statement explaining its decision not to give consent
|
1 Delegates
|
Where Council is the relevant road manager
Statement must comply with s 172 |
| s 157(2) |
Function of receiving notice from the Regulator that an applicant has been notified of the third party consultation requirement |
1 Delegates
|
Where Council is the relevant road manager |
| s 158(2) |
Duty to, as far as practicable, deal with the request for consent, where consultation with other entity is not yet completed |
1 Delegates
|
Where Council is the relevant road manager |
| s 158(4) |
Power to decide to give or not give the consent in the circumstances
|
1 Delegates
|
Where Council is the relevant road manager |
| s 159 |
Power to notify the Regulator that a route assessment is required and the fee payable for the route assessment
|
1 Delegates
|
Where Council is the relevant road manager |
| s 159(4) |
Power to stop considering whether to give or not to give consent until route assessment fee is paid
|
1 Delegates
|
Where Council is the relevant road manager |
| s 160(1) |
Power to consent to the grant of a mass or dimension authority subject to a road condition listed in (a) or (b)
|
1 Delegates
|
Where Council is the relevant road manager |
| s 160(2) |
Duty to give the Regulator a written statement explaining the decision to consent subject to conditions |
1 Delegates
|
Where Council is the relevant road manager
Statement must comply with s 172
|
| s 161(1) |
Power to consent to the grant of a mass or dimension authority subject to a travel condition
|
1 Delegates
|
Where Council is the relevant road manager |
| s 161(2) |
Duty to give the Regulator a written statement explaining the decision to consent subject to travel conditions
|
1 Delegates
|
Where Council is the relevant road manager
Statement must comply with s 172
|
| s 162(1) |
Power to request the Regulator to impose a stated vehicle condition on the authority
|
1 Delegates
|
Where Council is the relevant road manager |
| s 162(2)(b) |
Function of being notified of the decision under s 162(2)(a) |
1 Delegates
|
Where Council is the relevant road manager |
| s 163(3) |
Duty to give or not give consent within 3 months or longer as agreed with Regulator
|
1 Delegates
|
Where Council is the relevant road manager |
| s 167(2)(b) |
Power to give the Regulator a notice of objection to the application of s 167 to the proposed replacement authority
|
1 Delegates
|
Where Council is the relevant road manager |
| s 167(2)(c) |
Function of receiving notice that the Regulator withdraws the proposed replacement authority from the expedited procedure
|
1 Delegates
|
Where Council is the relevant road manager |
| s 167(3) |
Power to give written notice of consent or refusal
|
1 Delegates
|
Where Council is the relevant road manager |
| s 169 |
Power to give consent to the grant of a mass or dimension authority for a trial period |
1 Delegates
|
Where Council is the relevant road manager |
| s 170(1) |
Function of being notified by the Regulator of renewal of mass or dimension authority for trial period
|
1 Delegates
|
Where Council is the relevant road manager |
| s 170(3) |
Power to give written objection
|
1 Delegates
|
Where Council is the relevant road manager |
| s 174(2)(a) |
Power to request the Regulator to amend the mass or dimension authority, where satisfied of matters in s 174(1)
|
1 Delegates
|
Where Council is the relevant road manager |
| s 174(2)(b) |
Power to request the Regulator to cancel the mass or dimension authority, where satisfied of matters in s 174(1)
|
1 Delegates
|
Where Council is the relevant road manager |
| s 174(4)(c) |
Function of receiving notice from the Regulator that the road authority must not comply with the request
|
1 Delegates
|
Where Council is the relevant road manager |
| s 176 |
Duty to give or not give consent to an amendment of a mass or dimension authority
|
1 Delegates
|
Where Council is the relevant road manager
The provisions relating to a request for consent under Division 2 of the Act apply to the request for consent under s 176 |
| s 178(2)(a) |
Power to request the Regulator to amend the mass or dimension authority, where satisfied of matters in s 178(1)
|
1 Delegates
|
Where Council is the relevant road manager |
| s 178(2)(b) |
Power to request the Regulator to cancel the mass or dimension authority, where satisfied of matters in s 178(1)
|
1 Delegates
|
Where Council is the relevant road manager |
| s 178(4)(c) |
Function of receiving notice from the Regulator that the road authority must not comply with the request
|
1 Delegates
|
Where Council is the relevant road manager |
| s 180(2) |
Function of receiving notice from the Regulator |
1 Delegates
|
Where Council is the relevant road manager |
| s 611(2) |
Power to apply for a compensation order
|
1 Delegates
|
|
| s 612 |
Function of preparing certificate
|
1 Delegates
|
|
| s 613(1) |
Duty to give a copy of a certificate referred to in s 612 to the defendant at least 28 days before hearing
|
1 Delegates
|
|
| s 613(3) |
Function of receiving notice that defendant intends to challenge the matter
|
1 Delegates
|
|
| s 643(2) |
Function of receiving referral of review application |
1 Delegates
|
|
| s 644 |
Duty to conduct internal review of reviewable decision and give applicant a reasonable opportunity to make written or oral representations
|
1 Delegates
|
Where Council is the relevant road manager |
| s 645(1) |
Duty to either confirm or amend decision or substitute another decision for the reviewable decision
|
1 Delegates
|
Where Council is the relevant road manager |
| s 645(5) |
Duty to, as soon as practicable, give the Regulator notice of the review |
1 Delegates
|
Where Council is the relevant road manager |
| s 18(2) |
Power to enter into an arrangement to transfer a function |
1 Delegates
|
In respect of roads where Council is the relevant road manager
|
| s 29(4) |
Function of receiving statement refusing a nomination from Executive-Director |
5 Delegates
|
|
| s 30(9) |
Function of receiving written notice from Heritage Council of outcome of application for review |
5 Delegates
|
|
| s 34(1) |
Function of receiving notice of acceptance of nomination from Executive Director |
5 Delegates
|
|
| s 40(1) |
Function of receiving statement from Executive Director of recommendation not to include place or object in Heritage Register |
5 Delegates
|
|
| s 53(6) |
Function of receiving notice of amendment to heritage register from Executive Director |
5 Delegates
|
|
| s 63(2) |
Function of receiving notice of expedited amendment of Heritage Register |
5 Delegates
|
|
| s 96(5) |
Function of receiving copy of amended permit application |
5 Delegates
|
|
| s 100(1) |
Function of receiving copy of permit application from Executive Director |
5 Delegates
|
|
| s 100(2) |
Power to make written submission to Executive Director in relation to application received under s 100(1) |
1 Delegates
|
|
| s 105(4) |
Function of receiving notice of receipt of application to amend a permit from Executive Director |
5 Delegates
|
|
| s 106(5) |
Function of receiving notice of application for review for permit to carry out works from Heritage Council |
5 Delegates
|
|
| s 108(4) |
Power to request a hearing be held by the Heritage Council in relation to an application for review under s 107 of Executive Director's determination |
1 Delegates
|
|
| s 108(5) |
Power to appear and be heard or represented at a hearing into review of Executive Director's determination |
5 Delegates
|
|
| s 108(9) |
Function of receiving written notice from Executive Director of Heritage Council's determination of review |
5 Delegates
|
|
| s 110 |
Function of receiving notice from Minister of referral of a matter to VCAT under s 109(2)(b) |
5 Delegates
|
|
| s 112 |
Function of receiving notice from Executive Director of decision by VCAT under s 111 |
5 Delegates
|
|
| s 114(2) |
Function of receiving notice from Executive Director of decision by Minister in relation to application for review |
5 Delegates
|
|
| s 120 |
Function of receiving written notice of removal of site from Heritage Inventory |
3 Delegates
|
|
| s 131(1) |
Function of receiving notice of recommendations made under s 130 by Executive Director |
3 Delegates
|
|
| s 133(3) |
Function of receiving written notice from Heritage Council of approval of recommendation for a site of archaeological value |
3 Delegates
|
|
| s 179 |
Function of receiving notice of approval of World Heritage Strategy Plan |
1 Delegates
|
|
| s 15(1)(d) |
Function of consenting to any development, control, etc. of any land |
2 Delegates
|
|
| s 34(1) |
Function of entering into arrangements with Homes Victoria whereby Council carries out works |
1 Delegates
|
|
| s 34(3) |
Power to enter into arrangements with Homes Victoria for the purposes of this Act |
1 Delegates
|
|
| s 67(1)(a) |
Power to do all things to make house comply with regulations or to give effect to direction |
4 Delegates
|
|
| s 67(1)(b) |
Power to demolish house (where case so requires) |
2 Delegates
|
|
| s 67(2) |
Power to recover expenses |
2 Delegates
|
|
| s 67(3) |
Power to sell or dispose of material |
2 Delegates
|
|
| s 68(1) |
Power to order that house
(a) be and remain unoccupied; or
(b) be vacated by the occupier
|
3 Delegates
|
|
| s 68A |
Power to revoke declaration |
3 Delegates
|
|
| s 71(1) |
Power to authorise person for purposes of s 71 |
3 Delegates
|
|
| sch 2 cl 3(1) |
Power to sell or give to Homes Victoria any land vested in it, other than Crown land |
1 Delegates
|
The CEO shall be consulted prior to entering an agreement |
| sch 2 cl 3(2) |
Power to lease land, enter into agreements with Homes Victoria concerning land, or apply funds for carrying out such agreement |
1 Delegates
|
The MPPC shall be consulted prior to entering an agreement |
| sch 6 cl 1 |
Duty to lodge signed certificate |
2 Delegates
|
|
| sch 6 cl 1 |
Power to authorise staff member to sign certificate |
1 Delegates
|
|
| sch 6 cl 2 |
Power to request recording in Register |
1 Delegates
|
|
| sch 6 cl 6 |
Duty to lodge notice with the Registrar of Titles that the declaration has ceased to operate |
1 Delegates
|
|
| sch 6 cl 7(1) |
Power to require occupier to pay to Council any money owing |
1 Delegates
|
|
| sch 6 cl 7(2) |
Duty to forward a copy of any notice under cl 7(1) to the owner of the house concerned |
1 Delegates
|
|
| sch 6 cl 7(5) |
Duty to notify occupier if Council receives any payment |
1 Delegates
|
|
| s 9(3) |
Function of receiving notice from owner or occupier of whereabouts of livestock |
3 Delegates
|
|
| s 10 |
Power to give written permission to owner or occupier of land to impound livestock on their land for longer than 4 days |
3 Delegates
|
|
| s 14 |
Duty to keep record of impounded livestock |
2 Delegates
|
|
| s 15 |
Duty to ascertain owner of livestock and serve a notice of seizure on the owner as soon as possible |
2 Delegates
|
|
| s 16 |
Duty to release livestock |
2 Delegates
|
|
| s 16A(3) |
Power to approve form of notice to be served under s 16A(1) |
2 Delegates
|
|
| s 16B(3) |
Power to approve form of notice to be served under s 16B(1) |
2 Delegates
|
|
| s 17 |
Duty to hold livestock for seven days, or 3 days after time within which measures must be taken under notice served , prior to disposal |
2 Delegates
|
|
| s 17A |
Duty to hold livestock for 14 days prior to disposal in accordance with Part 2 |
2 Delegates
|
Where authorised officer of Council has impounded livestock under section 5A of the Act |
| s 18 |
Power to offer uncollected livestock for sale |
2 Delegates
|
|
| s 19 |
Duty to give public notice of intention to sell livestock |
2 Delegates
|
|
| s 20 |
Duty to apply the proceeds of the sale of livestock in the order set out in s 20(1) |
2 Delegates
|
|
| s 21 |
Power to dispose of livestock including destroying or re-housing |
1 Delegates
|
|
| s 22 |
Function of posting written notice of the impounding of livestock at the pound where they are held |
2 Delegates
|
|
| s 27 |
Function of receiving notice of proceedings |
2 Delegates
|
|
| s 28(1) |
Duty to not sell or dispose of impounded livestock until (a) the time limit in s 27(2) has expired or (b) the proceedings have been determined or withdrawn, where Council receives notification of proceeding under s 27(1) |
2 Delegates
|
|
| s 28(3) |
Power to release impounded livestock pending determination of proceedings |
3 Delegates
|
|
| s 29(2) |
Duty to release impounded livestock and convey it to the owner at Council's expense where Magistrates' Court determines impounding was in contravention of this Act |
3 Delegates
|
|
| s 30 |
Power to recover outstanding amount as a debt |
1 Delegates
|
|
| s 33A |
Power to appoint an authorised officer for the specific purpose of filing charge-sheets in respect of an alleged offence committed in the municipal district
|
1 Delegates
|
|
| s 15(6) |
Function of consulting with and receiving information from the Independent Broad-based Anti-Corruption Commission (IBAC)
|
2 Delegates
|
|
| s 35(2) |
Power to enter into agreements or arrangements for use of services with the Independent Broad-based Anti-Corruption Commission (IBAC)
|
2 Delegates
|
|
| s 56 |
Function of providing information to the Independent Broad-based Anti-Corruption Commission (IBAC)
|
2 Delegates
|
|
| s 3 |
Power to appoint an issuing officer |
1 Delegates
|
|
| s 6 |
Duty to provide Attorney-General with prescribed information |
4 Delegates
|
|
| s 9 |
Power to make and publish guidelines and policies in respect of the use of official warnings for infringement offences |
4 Delegates
|
|
| s 11 |
Duty to withdraw an official warning in certain circumstances |
4 Delegates
|
|
| s 15 |
Power to accept late payment of infringement penalty |
4 Delegates
|
|
| s 17(1) |
Power to refer certain matters to the Court |
4 Delegates
|
|
| s 17(3) |
Power to withdraw infringement notice and file a charge and summons in the Children's Court in some circumstances |
4 Delegates
|
|
| s 18(1) & (2) |
Power to withdraw an infringement notice in some circumstances |
4 Delegates
|
|
| s 22 |
Function of receiving application for review of decision to serve infringement notice |
4 Delegates
|
Note: An internal review conducted under this Division must be conducted by a person employed by Council and who did not issue the infringement notice |
| s 23(1) |
Power to request additional information required to conduct review |
4 Delegates
|
|
| s 23(2) |
Duty to suspend review where request made under s 23(1) |
4 Delegates
|
|
| s 23(4) |
Power to refuse or grant request for extension of time made under s 23(3)(b) |
4 Delegates
|
|
| s 23(5) |
Duty, if extension of time granted under s 23(4)(b), to inform applicant in writing of the period of the extension |
4 Delegates
|
|
| .23(6)(a) |
Power, if applicant fails to provide information requested under s 23(1) within time under s 23(3) or, within the period of extension if an extension is granted under s 23(4)(b), to review the decision under s 24 without additional information |
4 Delegates
|
|
| s 23(6)(b)(i) & (ii) |
Power, if applicant fails to provide information requested under s 23(1) within time under s 23(3) or, within the period of extension if an extension is granted under s 23(4)(b), to accept information provided by the applicant out of time and to review the decision under s 24 with that late information |
4 Delegates
|
|
| s.24(1)(a) & (b) |
duty, if application for review under section 22(1)(a), (b) or (c) is received, to review decision to serve infringement notice and suspend procedures used for enforcement of infringement penalty until review complete and applicant is sent advice of outcome |
4 Delegates
|
|
| s 24(1A) |
Duty to review whether person unlikely to have been aware of infringement notice, and suspend procedures until review complete and applicant is sent advice of outcome |
4 Delegates
|
|
| s 24(2) |
Duty to ensure that a review is conducted by a person who was not involved in making the decision to serve the infringement notice |
4 Delegates
|
|
| s 24(3)(a) |
Duty to review decision within prescribed time or, if additional information is requested under s 23, within prescribed period plus 35 days |
4 Delegates
|
|
| s 24(3)(b) |
Duty to serve on the applicant written notice of outcome of review within 21 days of decision |
4 Delegates
|
|
| s 25(1) |
Power, after reviewing a decision, to take the following actions (or any combination of those actions):
(a) confirm the decision to serve an infringement notice;
(b) withdraw the infringement notice and serve an official warning;
(c) withdraw the infringement notice;
(d) withdraw the infringement notice and refer the matter to the Court in accordance with Part 2 or, where infringement notice served on a child, withdraw the infringement notice and file a charge and summons in the Children's Court;
(e) in the case of an infringement offence involving additional steps, alter or vary those steps;
(f) waive all or any penalty reminder notice fees; or
(g) approve a payment plan.
|
4 Delegates
|
|
| s 25(2) |
Power, in the case of application made under s 22(1)(b), to:
(a) confirm the decision;
(b) withdraw the notice and serve an official warning; or
(c) withdraw the notice.
|
4 Delegates
|
|
| s 25(2A) |
Power made under s 22(1)(d), to grant or refuse application |
12 Delegates
|
|
| s 25(3) |
Function of receiving application for payment plan for infringement notices confirmed under s 25(2)(a) |
3 Delegates
|
|
| s 25(4) |
Duty to serve application with written notice of decision made under s 25(2A)(a) |
3 Delegates
|
|
| s 25(6) |
Duty to serve application with written notice of outcome of review under s 25(2A)(b), and advise that payment is required within 14 days |
1 Delegates
|
The GMIO will be advised of outcome of review. |
| s 29(1) & (2) |
Power to serve a penalty reminder notice |
6 Delegates
|
|
| s 40(1)(a) |
Duty to lodge prescribed information with the Court, if person elects an infringement offence matter to be heard by the Court or if matter referred to Court |
4 Delegates
|
|
| s 40(1)(d) |
Duty to serve details on person who was served with infringement notice, at least 14 days prior to hearing date |
4 Delegates
|
|
| s 46(1) |
Function of receiving application for payment plan |
6 Delegates
|
|
| s 46(1A) |
Function of receiving application for payment plan from body corporate |
1 Delegates
|
|
| s.46(3) |
duty to offer payment plan in certain circumstances |
2 Delegates
|
The MFS shall be advised if payment plan is offered. |
| s 46(4) |
Power to offer payment plan in certain circumstances |
2 Delegates
|
The MFS shall be advised if payment plan is offered. |
| s 46(5)(a) |
Power to offer a payment plan by arrangement and management of a payment plan for the person to whom it applies by that agency |
6 Delegates
|
|
| s 46(5)(b) |
Power to offer a payment plan by referring the infringement penalty and penalty reminder notice fee to the Secretary for management by payment arrangement under the Fines Reform Act 2014 |
6 Delegates
|
|
| s 46(6) |
Duty if Council determines not to offer payment plan to a person who has applied, to serve written notice on person with relevant details |
2 Delegates
|
|
| s 46(7) |
Duty to cease action taken to collect infringement penalty upon receipt of application under s 46(1) or (1A) |
6 Delegates
|
|
| s 47(1) |
Power to arrange a payment plan |
3 Delegates
|
|
| s 49(3) |
Duty, if infringement notice withdrawn, withdraw infringement penalty and penalty reminder notice fee from payment plan |
3 Delegates
|
|
| s 49A(2) |
Power to vary terms of a payment arrangement |
2 Delegates
|
|
| s 49A(4) |
Duty to give written notification to applicant of decision regarding payment plan variation |
2 Delegates
|
|
| s 50(1) |
Duty to allocate money received under payment plan in order of priority |
3 Delegates
|
|
| s 50(3) |
Duty to advise person to whom payment plan applies of overpayment |
3 Delegates
|
|
| s 50(3)(a) |
Power to offer to apply amount of overpayment to outstanding infringement penalties, prescribed costs or enforcement orders, if person consents and directs Council to do so |
3 Delegates
|
|
| s 50(3)(b) |
Power to refund amount of overpayment by appropriating Consolidated Fund or refunding from another fund or account |
2 Delegates
|
|
| s.52(2) |
duty to send written notice advising of default on payment plan |
3 Delegates
|
|
| s 53A(2) |
Function of consulting with Secretary |
1 Delegates
|
|
| s. 53B(2) |
duty to comply with request by Secretary under s 53B(1) |
1 Delegates
|
|
| s 53C(2) |
Duty to respond give report to Secretary in response to any recommendations made under s 53C(1) |
1 Delegates
|
|
| s 22D(1) |
Duty to execute an instrument of transfer and surrender |
3 Delegates
|
Where the Attorney-General has authorised Council to surrender land
Where the Attorney-General has authorised Council to surrender land
The MFS shall be advised if transfer is executed
|
| s 134A(2)(a) |
Power to be consulted before Minister grants lease for stratum of Crown land |
4 Delegates
|
|
| s 138A(3)(a) |
Power to be consulted before person grants licence for strata of Crown land |
4 Delegates
|
The MPPC shall be advised before power is exercised |
| s 140A(3)(c) |
Duty to provide report to Minister for grant of licences for jetty landing stages on Crown land |
2 Delegates
|
|
| s 172(1) |
Power to approve excise of land from certain streets by Governor in Council |
2 Delegates
|
The MPPC shall be advised before power is exercised |
| s 183A(1) |
Power to raise funds by allowing use of common for the purposes of agriculture |
2 Delegates
|
Consent of Minister required |
| s 190 |
Power to authorise persons to enter onto Crown land and remove materials for the purposes of forming/maintaining public road |
1 Delegates
|
Consent of Minister required |
| s 349 |
Power to agree to closure of road on land vested in the Crown |
2 Delegates
|
|
| s 400 |
Power to give notice to Secretary that road is an unused road |
2 Delegates
|
Land Regulations 2016, r 10
For the purposes of s 400(2) of the Act, the prescribed form and particulars for a notice that a road or part of a road that a municipal Council considers is not required for public traffic is an unused road is the form and particulars in sch 4. |
| s 407(1) |
Power to inform Minister it is desirable to re-open licensed closed road or water frontage |
1 Delegates
|
|
| s 407(3)(b) |
Power to cause any building / hedge/ ditch etc to be taken down / filled up / removed etc |
2 Delegates
|
Where a licence under Division 8 of Part I has been cancelled under s 407(1) |
| s 411 |
Function of receiving particulars of licence from the land manager |
2 Delegates
|
Where the licence is granted in relation to an unused road or water frontage in Council's municipal district
|
|
- |
1 Delegates
|
Certain provisions in this Act apply only to councils in their capacity as acquiring authorities or to councils in their capacity as responsible authority
|
| s 6 |
Duty of the authority to serve notice of intention to acquire on persons with an interest in the land |
1 Delegates
|
CEO retains power – Not delegated |
| s 7(1)(b) |
Power to serve statement on person interested in the land in accordance with s 7(1)(b) |
1 Delegates
|
|
| s 9(1) |
Duty of the authority to serve copy of notice on certain responsible authorities |
1 Delegates
|
|
| s 9(2) |
Duty of the responsible authority to provide information in writing when required to do so by an authority |
1 Delegates
|
Prescribed information listed under rr 11 and 12 of the Land, Acquisition and Compensation Regulations 2021 |
| s 9(3) |
Duty of the responsible authority to forward a copy of application for planning permit/building approval to an authority |
1 Delegates
|
|
| s 10(1) |
Duty of the authority to lodge notice and prescribed fee with the Registrar of Titles or Registrar-General |
1 Delegates
|
|
| s 10(4) |
Duty of the authority to give notice of cancellation/lapse in writing |
1 Delegates
|
|
| s 10(7) |
Duty of the authority to pay fees where an owner applies for a new s 32(2) certificate |
1 Delegates
|
|
| s 14(1) |
Power of an authority to amend notice upon agreement with persons on whom it was served |
1 Delegates
|
|
| s 15(1) |
Power of an authority not to proceed with the acquisition |
1 Delegates
|
The CEO shall be advised before power is exercised |
| s 15(2) |
Duty of the authority to serve a statement cancelling the notice of intention to acquire |
1 Delegates
|
|
| s 17 |
Power of the authority to agree with owner to extend operation of notice |
1 Delegates
|
|
| s 18(1) |
Power of the authority to acquire interest in land by agreement |
1 Delegates
|
The CEO shall be advised before power is exercised |
| s 19 |
Function of the authority publishing a notice declaring the interest to be acquired |
3 Delegates
|
|
| s 22 |
Duty of the authority to serve copy notice of acquisition and a statement to persons interested in that land |
1 Delegates
|
|
| s 23 |
Duty of the authority to publish copy notice of acquisition in local newspaper |
1 Delegates
|
|
| s 26(1) |
Duty of the authority to endeavour to obtain agreement with the owner / occupier |
1 Delegates
|
|
| s 26(5) |
Power of the authority to enter into possession of the land |
1 Delegates
|
|
| s 26(11) |
Duty of the authority to serve copy certificate under s 26(4)(a) on occupier |
1 Delegates
|
|
| s 27 |
Power of the authority to recover any rent due |
1 Delegates
|
|
| s 28(1) |
Power of the authority to issue a warrant where refusal to give up possession |
1 Delegates
|
|
| s 31(1) and supporting provisions |
Power of the authority to make an offer, including the Power to determine amount of the offer. |
1 Delegates
|
CEO retains power - not delegated |
| s 31(5) |
Duty of the authority to have regard to a valuation of the land in making an offer under s 31 |
1 Delegates
|
|
| s 31(7) |
Power of the authority to reduce the offer by an amount equal to outstanding interest, rates, taxes, etc. |
1 Delegates
|
CEO retains power - not delegated |
| s 32(1) |
Duty of the authority to set out total amount of compensation where Minister directs information required to be set out by s 31 is inappropriate |
1 Delegates
|
|
| s 32(2) |
Duty of the authority to pay the total amount of compensation offered in court |
1 Delegates
|
|
| s 32(4) |
Duty of the authority to apply to the court or the Tribunal for determination of the amount payable |
1 Delegates
|
|
| s 33(1) |
Function of the authority of receiving notice of acceptance or notice of claim |
1 Delegates
|
|
| s 36(1) |
Duty of the authority to serve a reply to the notice of claim |
1 Delegates
|
|
| s 36(2) |
Power of the authority to admit/vary/reject the claim under s 36 |
1 Delegates
|
CEO retains power - not delegated |
| s 36(3) |
Duty of the authority to provide claimant with method and basis of its valuation |
1 Delegates
|
|
| s 37(4) |
Duty of the authority to serve reply to notice of claim on claimant, where no offer was made |
1 Delegates
|
|
| s 43(2) |
Power of the authority to give notice of intention |
1 Delegates
|
In consultation with the Chief Executive Officer |
| s 43(3) |
Duty of the authority to do action specified in notice under s 43(2) |
1 Delegates
|
|
| s 45(1) |
Power of the authority to grant a loan to claimant |
1 Delegates
|
|
| s 48(2) |
Duty of the authority to serve reply to notice of claim within 3 months on claimant |
1 Delegates
|
|
| s 51(8) |
Power of the authority to advance compensation to assist a person purchasing another interest in land |
1 Delegates
|
|
| s 63(1) |
Duty of the authority to prepare all instruments of conveyance |
1 Delegates
|
|
| s 65(a) |
Function of the authority to receive interest in land despite any restrictions under other laws |
1 Delegates
|
|
| s 65(b) |
Function of the authority to recover compensation where authority acquires an interest under s 65(a) |
1 Delegates
|
|
| s 67(1) |
Function of the authority to negotiate with agents |
1 Delegates
|
|
| s 68(1) |
Power of the authority to purchase or redeem interest in mortgage |
1 Delegates
|
|
| s 68(4) |
Power of the authority to direct where to convey release of mortgagee's interest upon payment under s 68(3) |
1 Delegates
|
|
| s 68(5) |
Power of the authority to give notice to the mortgagee that it will pay principal and interest upon 6 months of the notice |
1 Delegates
|
|
| s 68(6) |
Power of the authority to direct where to convey release of mortgagee interest upon payment under s 68(5) |
1 Delegates
|
|
| s 69(1) |
Power of the authority to pay amounts required under s 69(1) (c)-(e) to the credit of the Trust Fund where mortgagee fails to release interest or adduce good title |
1 Delegates
|
|
| s 69(2) |
Power of the authority to execute a deed poll |
1 Delegates
|
|
| s 69(3) |
Duty to register the deed poll in the office of the Registrar-General |
1 Delegates
|
|
| s 70(1) |
Function of the authority to negotiate with the mortgagee/person entitled to redemption of the value of interest and compensation where sum payable exceeds value of land |
1 Delegates
|
|
| s 70(4) |
Power of the authority to direct where to convey release of mortgagee interest upon payment under s 70(3) |
1 Delegates
|
|
| s 71(1) |
Power of the authority to pay amount required by s 70(3) to the credit of the Trust Fund where mortgagee fails to convey interest or adduce good title |
1 Delegates
|
|
| s 71(3) |
Power of the authority to execute and register a deed poll |
1 Delegates
|
|
| s 72(1) |
Function of the authority to settle an agreement with mortgagee/person entitled to redemption of interest payable where part of the land is taken |
1 Delegates
|
|
| s 72(4) |
Power of the authority to direct where to convey release of mortgagee's interest |
1 Delegates
|
|
| s 72(6) |
Function of the authority to furnish copy memorandum under s 72(5) |
1 Delegates
|
|
| s 73(1) |
Power of the authority to pay compensation to the credit of the Trust Fund where mortgagee fails to release/adduce good title |
1 Delegates
|
|
| s 73(3) |
Power of the authority to execute and register a deed poll |
1 Delegates
|
|
| s 74(1) |
Power of the authority to enter land |
2 Delegates
|
|
| s 74(2) |
Duty of the authority to serve notice of intention to enter and a statement on occupier and owner |
2 Delegates
|
|
| s 75(1) |
Power of the authority occupy land as long as is necessary for the purposes of the Local Government Act 1989 |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(2)(a) |
Power of the authority or authorised person to dig and take from land any clay, soil, etc. |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(2)(b) |
Power of the authority to deposit any material on land |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(2)(c) |
Power of the authority to make cuttings or excavations on land |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(2)(d) |
Power of the authority to take timber from the land |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(2)(e) |
Power of the authority to make and use roads on land |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(2)(f) |
Power of the authority to manufacture on the land any materials required |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(2)(g) |
Power of the authority to erect workshops, sheds, etc on land |
2 Delegates
|
Subject to compliance with EPA Act and Town Planning Scheme permit requirements and Building Regulations. |
| s 75(3) |
Duty of the authority to serve notice in writing on owner/occupier and Soil Conservation Authority if intends to enter land |
2 Delegates
|
|
| s 75(5) |
Duty of the authority to give notice in writing of nature and quantity of material taken |
2 Delegates
|
|
| s 76 |
Duty of the authority to comply with obligations under s 76(a)-(e) |
2 Delegates
|
|
| s 79(1) |
Duty of the authority to fence land when so required by the owner |
2 Delegates
|
|
| s 80 |
Power of the authority to refer a claim to the Court/Tribunal for determination |
2 Delegates
|
|
| s 83 |
Duty of the authority to serve a copy of the referral notice on other parties |
2 Delegates
|
|
| s 87 |
Power of the authority in a compulsory conference to increase the amount of an offer |
2 Delegates
|
|
| s 91(4) |
Power of the authority to set-off costs of determinations against any compensation award/costs payable to claimant |
2 Delegates
|
|
| s 96(1) |
Function of the authority to make application to the court for a valuer |
2 Delegates
|
|
| s 103(1) |
Power of the authority to inspect documents by notice in writing |
2 Delegates
|
|
| s 104(3) |
Power of the authority/authorise a person to accept service on its behalf |
2 Delegates
|
|
| s 106(1)(c) |
Power of the authority to extend/abridge time limits under the Act by agreement with concerned party |
2 Delegates
|
|
| s 109(1) |
Power of the authority to sell, lease or deal with an interest in land |
2 Delegates
|
|
| s 109(2) |
Duty of the authority to offer the land for sale to the former owner if within 18 months of acquisition under the Act |
2 Delegates
|
|
| s 107B(4)(a) |
Function of receiving records maintained by the Secretary under ss 107B(1)(c), (d), (e) or (g) |
2 Delegates
|
Only applies to a member of Council staff responsible for the conduct or facilitation of livestock sales at a saleyard operated or managed by the Council
|
| s 121A |
Function of receiving a request from the Secretary for information relating to land in the municipal district |
2 Delegates
|
In connection with the administration of, or in carrying out of the Secretary's functions under, the Act or the regulations |
| s 27(1) |
Power to apply to the Commission for a licence or BYO permit |
4 Delegates
|
|
| s 33 |
Function of receiving copy of application |
5 Delegates
|
|
| s 40(1) |
Power to object to grant, variation or relocation of a licence |
5 Delegates
|
|
| s 40(1A) |
Power to object to grant, variation or relocation of packaged liquor licence or late night (packaged liquor) licence |
5 Delegates
|
|
| s 91 |
Power to request the Commission to conduct an inquiry into whether there are grounds to take disciplinary action |
5 Delegates
|
|
| s 94 |
Power to request the Commission to conduct an inquiry into amenity or disuse |
5 Delegates
|
|
| s 11(8) |
Duty to keep a public register of delegations under section 11 of this Act
|
2 Delegates
|
|
| s 16(12) |
Duty to pay an account received of the reasonable expenses incurred by a person engaged by the Minister to support a review by an electoral representative advisory panel |
1 Delegates
|
|
| s 17(6) |
Duty to pay an account received of the reasonable expenses incurred by the Victorian Electoral Commission as a consequence of conducting a ward boundary review |
1 Delegates
|
|
| s 40(1) |
Duty to reimburse a Councillor or a member of a delegated committee for out-of-pocket expenses in accordance with this section
|
1 Delegates
|
|
| s 40(2) |
Duty to provide details of all reimbursements of out-of-pocket expenses of Councillors and members of a delegated committee to the Audit and Risk Committee |
1 Delegates
|
|
| s 42 |
Duty to make available to the Mayor and the Councillors the resources and facilities reasonably necessary to enable them to effectively perform their role |
1 Delegates
|
|
| s 50 |
Duty to implement appropriate long service leave arrangements for members of Council staff in accordance with the regulations |
3 Delegates
|
|
| s 73(4) |
Duty to publish a notice regarding a proposed local law in accordance with subsection 73(3)(a) to (d) |
1 Delegates
|
|
| s 73(5) |
Duty to ensure that a copy of the proposed local law is available for inspection |
1 Delegates
|
|
| s 74(1) |
Duty to obtain a certificate from a qualified person |
1 Delegates
|
|
| s 74(5) |
Duty to publish a notice after a local law is made in accordance with subsection 74(4)(a) to (d) |
1 Delegates
|
|
| s 75 |
Duty to ensure that a copy of a local law made under section 74 is available for inspection |
1 Delegates
|
|
| s 76(3) |
Duty to publish a notice of an amendment to a document, code, standard, rule, specification or method which contains matter applied, adopted or incorporated by a local law |
1 Delegates
|
|
| s 76(4) |
Duty to ensure that a copy of any document, code, standard, rule, specification or method which contains any matter incorporated in a local law is available for inspection |
1 Delegates
|
|
| s 82 |
Function of receiving any penalty recovered for an offence against a local law |
5 Delegates
|
|
| s 98 |
Duty to prepare an annual report in respect of each financial year
|
1 Delegates
|
Subject to section 99
|
| s 99(1) |
Duty to prepare, as soon as practicable after the end of the financial year, the performance statement and financial statements of the Council for the financial year |
3 Delegates
|
|
| s 103 |
Power to invest any money in accordance with subsections (a) to (f) |
2 Delegates
|
|
| s 106 |
Duty to plan and deliver services to the municipal community in accordance with the service performance principles |
2 Delegates
|
|
| s 109(1) |
Duty to comply with Council's Procurement Policy before entering into a contract for the purchase of goods or services or carrying out of works |
6 Delegates
|
|
| s 112(1) |
Power to purchase or compulsorily acquire any land which is or may be required by the Council for or in connection with, or as incidental to, the performance of its functions or the exercise of its powers. |
1 Delegates
|
Must be undertaken in accordance with the Council's community engagement policy and any other relevant legislation.
CEO retains power |
| s 114(2)(a) |
Duty to give notice before selling or exchanging land |
1 Delegates
|
|
| s 114(2)(b) |
Duty to undertake a community engagement process in accordance with Council's Community Engagement Policy before selling or exchanging land |
1 Delegates
|
|
| s 114(2)(c) |
Duty to obtain valuation before selling or exchanging land not more than 6 months prior to the sale or exchange |
1 Delegates
|
|
| s 115(1) |
Power to lease land |
1 Delegates
|
CEO retains power – Not delegated |
| s 115(3) |
Duty to include proposal to lease in the budget |
1 Delegates
|
|
| s 115(4) |
Duty to undertake a community engagement process in accordance with Council's Community Engagement Policy before leasing land |
1 Delegates
|
|
| s 116(1) |
Power to transfer, exchange or lease land with or without consideration to an entity described in s 116(1)(a) to (e) |
1 Delegates
|
CEO retains power – Not delegated |
| s 117(1)(a) |
Power to approve another person to carry out the work required under s 117(1) |
5 Delegates
|
Delegation extends only to area of functional responsibility of delegate
|
| s 117(1)(b) |
Power to carry out the work required under s 117(1) |
5 Delegates
|
Delegation extends only to area of functional responsibility of delegate
|
| s 117(3) |
Power to recover costs of carrying out work |
6 Delegates
|
Note: this provision commences on 1 July 2021 |
| s 119 |
Power to require payment of all or part of money from present owner or occupier |
6 Delegates
|
Subject to section 121
|
| s 120(1) |
Power to charge interest on unpaid money (other than rates and charges) in accordance with s 120 |
1 Delegates
|
Note: this provision commences on 1 July 2021 |
| s 121 |
Function of receiving application for land information certificate |
3 Delegates
|
See prescribed information under r 5 of the Local Government (Land Information) Regulations 2021 |
| s 121(4) |
Power to provide a land information certificate, including the power to provide in a land information certificate any other information concerning the land as the delegate considers in their absolute discretion to be relevant |
3 Delegates
|
|
| s 152 |
Duty to pay the fees for a Councillor Conduct Panel to the Principal Council Conduct Registrar |
1 Delegates
|
|
| s 162 |
Duty to provide all reasonable assistance to the Councillor Conduct Panel which is necessary to enable the Councillor Conduct Panel to conduct the hearing and make a determination |
1 Delegates
|
|
| s 167(8) |
Duty to pay any necessary expenses incurred by Councillors in attending mediation, training or counselling directed by a Councillor Conduct Panel |
1 Delegates
|
|
| s 177(1) |
Power to apply to the Minister for a compliance exemption from a regulatory requirement under this Act or the regulations specified in the application |
1 Delegates
|
Subject to subsection (2)
CEO retains power - Not delegated |
| s 179(3) |
Duty to pay a Municipal Monitor the amounts entitled to be paid and the terms of the appointment |
1 Delegates
|
|
| s 268(2) |
Duty to pay for reasonable expenses of the Victorian Electoral Commission as specified in an account sent to the Council under subsection (1) |
1 Delegates
|
|
| s 313(1) |
Power to institute proceedings in the corporate name of the Council |
1 Delegates
|
Subject to subsection (a) – (d)
CEO retains power - Not delegated |
| s 313(1) |
Power to authorise a person to institute proceedings in the corporate name of the Council |
1 Delegates
|
Subject to subsection (a) - (d)
CEO retains power - Not delegated |
| s 154 |
Power to determine that land is not rateable land in accordance with s 154 |
2 Delegates
|
|
| s 157(2) |
Duty to publish notice of change in valuation system |
2 Delegates
|
|
| s 158(3) |
Power to levy rates by sending notice to person liable |
3 Delegates
|
|
| s 158(3A) |
Power to send rate notice to a person specified upon request |
3 Delegates
|
|
| s 159(5) |
Power to determine form & time period |
3 Delegates
|
|
| s.159(6) |
power to require applicant to give further particulars or verify particulars |
3 Delegates
|
|
| s 161(3) |
Duty to make available for inspection certain information |
3 Delegates
|
|
| s 163(1C) |
Duty to send a copy of the public notice to each person who will be liable to pay the special rate or special charge |
3 Delegates
|
|
| s 163(4) |
Power to levy special rate/charge by sending notice to person liable |
3 Delegates
|
|
| s 164(2) |
Duty to notify of decision under s 164(1) to persons liable to pay special rate/charge |
3 Delegates
|
Limited to Director or Executive Manager responsible for works or project. |
| s 165 |
Duty to refund excess money |
3 Delegates
|
|
| s 166(2) |
Duty to notify persons liable that special rate/charge varied |
3 Delegates
|
|
| s 169(2) |
Duty to send notice to person who was granted a rebate or concession and not complied with terms |
3 Delegates
|
|
| s 170(1) |
Power to defer payment where applicant shows hardship |
3 Delegates
|
|
| s 170(3)(a) |
Power to require payment where no longer hardship/in occupation |
3 Delegates
|
|
| s 171(1) |
Power to waive rate/charge to eligible recipient or in accordance with Council determination |
3 Delegates
|
|
| s 171(4)(e) |
Duty to waive amount which is in accordance with concession order upon receipt of application |
3 Delegates
|
|
| s171(4)(f) |
Power to decide to treat person to whom waiver granted as having made continuing application or waiver |
3 Delegates
|
Requires the approval of the Minister administering the State Concessions Act 2004 |
| s 171(5A) |
Power to waive rate/charge where person has right to recover it from another (upon application of the eligible recipient) |
3 Delegates
|
|
| s 171A(1) |
Function of receiving application for waiver |
3 Delegates
|
|
| s 171A(2) |
Power to require information or verification |
3 Delegates
|
|
| s 171A(3) |
Power to waive rate/charge/interest |
2 Delegates
|
|
| s 171B(1) |
Power to enter into a payment plan with a person for the payment of a rate or charge (including interest charged under s 172) |
3 Delegates
|
In accordance with adopted Council policy – where relevant |
| s 171B(3) |
Power to determine terms of the payment plan under subsections (a) to (d) |
3 Delegates
|
|
| s 171B(7) |
Power to cancel a payment plan |
3 Delegates
|
|
| s 172(1) |
Power to raise interest and require payment from person liable |
3 Delegates
|
|
| s 172(3) |
Power to exempt a person from paying interest |
3 Delegates
|
Only where payment arrangement is entered into and subject to the following limits
- CRS $500
- MFS $1,500
- GMCS $3,000
|
| s 172(4) |
Power to recover interest due |
3 Delegates
|
|
| s 173(2)(a) |
Duty to refund rates/charges where land ceases to be rateable and payment was made |
3 Delegates
|
|
| s 173(2)(b) |
Duty to require pro rata payment where land ceases to be rateable |
3 Delegates
|
|
| s 175(2) |
Power to require current rates, arrears from person acquiring land |
3 Delegates
|
|
| s 177(1) |
Power to require occupier to pay rent upon notice |
3 Delegates
|
|
| s 177(4) |
Power to recover unpaid rent as a debt due |
3 Delegates
|
|
| s 180(1) |
Power to recover unpaid rate/charge as a debt due |
3 Delegates
|
|
| s 180A |
Duty to provide notification prior to commencing proceedings for recovery of unpaid debt in certain circumstances
|
2 Delegates
|
|
| s 181(2) |
Power to dispose of land where rate/charge unpaid |
2 Delegates
|
|
| s 181(5) |
Power to serve and to give notices before Council sells the land. |
2 Delegates
|
|
| s 181(7) |
Power to deduct expenses incurred in connection with sale |
2 Delegates
|
|
| s 181AA |
Duty to comply with Ministerial Guidelines |
2 Delegates
|
|
| s 181C(2) |
Power to send notice to person liable to pay environmental upgrade charge |
2 Delegates
|
|
| s 181E(1) |
Duty to use best endeavours to recover environmental upgrade charge |
2 Delegates
|
|
| s 181F |
Duty to adjust environmental upgrade charge to reflect lower amount advanced to owner and advise any person liable to pay charge in writing of the adjustment |
2 Delegates
|
Council must refund any excess amounts paid to owner or occupier as a result of an adjustment being made to an upgrade charge under 181F(1) |
| s 185F(1) |
Duty to comply with any direction of the Minister under s 185D |
1 Delegates
|
CEO retains power - not delegated |
| s 181H |
Power to enter into an environmental upgrade agreement on behalf of Council and declare and levy an environmental upgrade charge |
1 Delegates
|
CEO retains power - not delegated |
| s 185I |
Power to enter into a cladding rectification agreement in respect of rateable land with an existing building on it |
1 Delegates
|
Subject to ss 185I(4), 185J(4) and 185J(5) |
| s 185J(1) |
Function of receiving details in writing of the information set out in s 185J(1)(a) |
1 Delegates
|
|
| s 185J(2) |
Duty to give written notice to each owner or, in the case of rateable land managed by an owners corporation, each owner of a lot on the rateable land |
1 Delegates
|
|
| s 185J(8) |
Power to enter into a cladding rectification agreement if all the existing mortgagees of the rateable land agree in writing to the proposed cladding rectification charged |
1 Delegates
|
If Council is not satisfied of the matters set out in s 185J(4) |
| s 185J(9) |
Power to enter into a cladding rectification agreement if all the existing mortgagees of those lots agree in writing to the cladding rectification charge |
1 Delegates
|
If Council is not satisfied of the matters set out in s 185J(5) |
| s 185K(1)(b) |
Function of receiving information from the owners corporation |
1 Delegates
|
|
| s 185N(1) |
Duty to use Council's best endeavours to recover a cladding rectification charge in accordance with any requirements imposed on it by the Building Act 1993 and the cladding rectification agreement |
1 Delegates
|
Subject to s 185N(2) and (3) |
| s 199 |
Duty to give notice of proposed drainage works to persons affected |
1 Delegates
|
|
| s 200(1) |
Power to give persons notice that must carry out drainage works |
1 Delegates
|
|
| s 200(2) |
Power to carry out works itself where non-compliance with notice |
1 Delegates
|
|
| s 201(1) |
Duty to construct, manage, etc works under schemes approved under Water Act 1989 |
1 Delegates
|
|
| s 201(2) |
Power to carry out any power under the Act for purpose of 201(1) |
1 Delegates
|
|
| s 203(1) |
Power to develop and implement a transport plan |
1 Delegates
|
|
| s 203(2) |
Power to prepare a transport plan jointly with one or more other councils |
1 Delegates
|
|
| s 203A |
Power to procure, provide or enable transport services within the municipal district |
1 Delegates
|
|
| s 204(1) |
Power to publish notice in Government Gazette of road to be declared a public highway |
1 Delegates
|
|
| s 207D(2) |
Duty to notify Registrar of Titles of an action under s 207D(1)(b) or a transfer of land in the form described in (a) - (c) |
1 Delegates
|
Delegation only extends to matters within the functional responsibility of delegate. |
| s 223(1)(a) |
Duty to publish a public notice |
3 Delegates
|
|
| s 223(1)(b)(iii) |
Administrative duty to give reasonable notice of day, time and place of the meeting to each person who made a request to appear in person, or be represented in the submission |
2 Delegates
|
|
| s 223(1)(d)(ii) |
Duty to notify submitters after made decision |
2 Delegates
|
|
| s 223(3) |
Power to authorise members of Council staff to carry out administrative procedures |
1 Delegates
|
|
| s 224(1) |
Power to appoint authorised officer |
1 Delegates
|
CEO retains power - not delegated |
| s 224(1A) |
Duty to maintain register of authorised officers |
2 Delegates
|
|
| s 224(2) |
Duty to supply authorised officers with identity cards |
2 Delegates
|
Authorisation only to be made in respect of areas of responsibility of delegate. |
| s 224(3) |
Power to authorise a person to sign identity cards of authorised officers |
2 Delegates
|
|
| s 224A(2) |
Power to publish a notice in the Government Gazette which authorises police officers to enforce provisions of local law |
2 Delegates
|
|
| s 237A |
Duty to make available to the Secretary to the Department any information requested in accordance with s.121A of the Livestock Disease Control Act 1994 |
4 Delegates
|
|
| sch 10 cl 1(a) |
Power to make, maintain and repair roads |
2 Delegates
|
|
| sch 10 cl 2 |
Administrative functions necessary to give effect to power to deviate roads |
2 Delegates
|
|
| sch 10 cl 3 |
Administrative functions necessary to give effect to power to discontinue roads |
2 Delegates
|
|
| sch 10 cl 4 |
Power to enter and take any materials necessary from certain land |
2 Delegates
|
|
| sch 10 cl 5(1)(a) |
Power to approve, assign or change the name of a road |
2 Delegates
|
Power in cl 5(1) must be exercised in accordance with the Geographic Place Names Act 1998 |
| sch 10 cl 5(1)(b) |
Power to erect signs on a road
|
2 Delegates
|
The CRS shall be consulted before the power is exercised |
| sch 10 cl 5(1)(c) |
Power to approve, assign and change the number of a road and any premises next to a road
|
2 Delegates
|
The CRS shall be consulted before the power is exercised |
| sch 10 cl 5(1)(d) |
Power to require people to number their premises and to renew those numbers |
2 Delegates
|
The CRS shall be consulted before the power is exercised |
| sch 10 cl 6 |
Power to cause standard survey marks to be established in roads |
2 Delegates
|
|
| sch 10 cl 8(1)(b) |
Power to allow persons to make minor repairs, alterations, etc between the old alignment and the new alignment of a road |
1 Delegates
|
|
| sch 10 cl 8(3) |
Duty to publish notice in Government Gazette before starting work |
1 Delegates
|
|
| sch 10 cl 9 |
Power to provide for temporary roads |
1 Delegates
|
|
| sch 10 cl 10 |
Power to permit the erection and maintenance of gate and fences and to revoke the permission and to permit the construction of by-passes for unfenced roads and to revoke the permission and require the removal of the by-pass |
1 Delegates
|
|
| sch 10 cl 11(a) |
Power to require/cause the filling up of holes or excavations |
5 Delegates
|
|
| sch 10 cl 11(b) |
Power to require/cause the removal of a cause of danger/damage |
5 Delegates
|
|
| sch 10 cl 11(c) |
Power to require/cause the erection or restoration of a fence between the holes or excavations and any adjacent land or road |
5 Delegates
|
|
| sch 10 cl 12 |
Power to make, maintain, repair or reconstruct a bridge or crossing |
5 Delegates
|
|
| sch 11 cl 1 |
Power to fix times when vehicles may stand in parking areas and the fees for and manner of standing in parking areas |
3 Delegates
|
|
| sch 11 cl 2 |
Power to issue special parking permits to disabled persons |
4 Delegates
|
|
| sch 11 cl 3 |
Power to remove abandoned/unregistered vehicles |
3 Delegates
|
|
| sch 11 cl 4 |
Power to tow away and impound vehicles which are causing an unlawful obstruction etc and to charge a fee |
3 Delegates
|
|
| sch 11 cl 5 |
Power to require or cause the removal of any encroachment or obstruction |
5 Delegates
|
|
| sch 11 cl 6 |
Power to control traffic to enable works to be carried out on, over, or on land next to a road |
6 Delegates
|
|
| sch 11 cl 7 |
Power to close a road, or part of a road for a particular period |
1 Delegates
|
|
| sch 11 cl 8 |
Power to erect and remove any works or structures to protect passengers, pedestrians and drivers or to regulate traffic on a road |
6 Delegates
|
|
| sch 11 cl 9 |
Administrative functions necessary to give effect to power to block or restrict the passage or access of vehicles on a road by placing a permanent barrier or obstruction on a road |
1 Delegates
|
Only to be exercised where report from Head, Transport for Victoria has been considered; and if the road is a freeway or arterial road, consent of Head, Transport for Victoria is required |
| sch 11 cl 10(1)(a) & cl 10(1)(b) |
Power to block or restrict the passage or access of vehicles on a road by placing a temporary barrier or obstruction on a road |
5 Delegates
|
If the road is a freeway or arterial road, consent of Head, Transport for Victoria is required |
| sch 11 cl 11 |
Administrative functions necessary to give effect to power to declare a road or part of a road a shopping mall and prohibit or restrict the entry of vehicles |
1 Delegates
|
|
| sch 11 cl 12(1) |
Administrative functions necessary to give effect to power to prohibit the use of a road by a vehicle over a certain size or weight |
1 Delegates
|
|
| sch 11 cl 12(2) |
Power to make decision to prohibit the use of a road by a vehicle over a certain size or weight |
2 Delegates
|
Only to be exercised where immediate risk of danger to people or damage to property exists and action is immediately reported to Council |
| sch 11 cl 13 |
Power to determine speed limits |
1 Delegates
|
|
| sch 11 cl 14 |
Power to prohibit or restrict traffic on a road if unsafe |
5 Delegates
|
|
| s 99A(4) |
Power to give persons or bodies making a written request under s 99A(3) access to any information that may be of use in the enforcement of court orders and fines |
1 Delegates
|
|
| s 111C(1)(a) |
Power to enter into an agreement with project authority |
1 Delegates
|
Council as specified entity
Provision inserted under Suburban Rail Loop Act 2021 |
| s 134(4) |
Duty to comply with requirement to surrender public land under subs(1)(a) |
1 Delegates
|
|
| s 134(5) |
Duty to give written notice to the Project Minister and project authority of any lease, licence or other of interest in land |
1 Delegates
|
|
| s 134(6) |
Function of receiving written notice from the Project Minister |
1 Delegates
|
|
| s 146(2) |
Power to claim compensation for pecuniary loss or expense incurred |
1 Delegates
|
|
| s 147 |
Function of agreeing to transfer of building or structure |
1 Delegates
|
|
| s 167 |
Function of receiving written notice from the project authority |
1 Delegates
|
For land owned or vested in Council
Provision inserted under Suburban Rail Loop Act 2021 |
| s 189(2) |
Duty to obtain consent of project authority for the purposes of carrying out works or discontinue a road within a project area |
1 Delegates
|
Provision inserted under Suburban Rail Loop Act 2021 |
| s 189(5) |
Function of receiving written consent
|
1 Delegates
|
|
| s 25(3) |
Function of being consulted by the Minister when preparing a Marine and Coastal Policy if Council's interests may be affected by the policy |
2 Delegates
|
|
| s 32(3) |
Function of being consulted by the Minister when preparing a Marine and Coastal Strategy if Council's interests may be affected by the strategy |
2 Delegates
|
|
| s 46(3) |
Function of being consulted by the parties of a regional and strategic partnership when preparing a product if Council's interests may be affected by the product |
2 Delegates
|
|
| s 51(3) |
Function of being consulted by the Minister when preparing an environmental management plan if Council's interests may be affected by the plan |
2 Delegates
|
|
| s 59(3) |
Function of being consulted by the Crown land manager when preparing a costal and marine management plan where Council's interests may be affected by the plan |
2 Delegates
|
|
| s 46(1) |
Function of consulting with Minister |
2 Delegates
|
|
| s 77HB(2) |
Function of consulting with Department Head before Department Head approves variation of work plan
|
2 Delegates
|
|
| s 77M(3) |
Power to consult with Minister regarding variation, suspension or revocation |
2 Delegates
|
|
| s 77R(1)(c) |
Power to act, if specified by the Minister, as a referral authority |
2 Delegates
|
|
| s 80(2)(a) |
Power to consult with Minister regarding amount of rehabilitation bond or further rehabilitation bond if the land is private land |
2 Delegates
|
|
| s 80(2A) |
Power to consult with Minister regarding amount of rehabilitation bond in respect to an extractive industry work authority if the land is private land |
2 Delegates
|
|
| s 82(2) |
Power to consult with Minister before Minister returns bond if rehabilitation is satisfactory and if the land is private land |
2 Delegates
|
|
| s 19C(1) |
Power to enter into agreement with Minister for management of land vested in or controlled or managed by Council |
2 Delegates
|
|
| s 27(1) |
Power to exercise powers in relation to a park with Parks Victoria's consent subject to any conditions it directs |
2 Delegates
|
|
| s 21(1) |
Power to consent to entry onto Crown Land for purpose of conducting survey |
2 Delegates
|
Where Crown Land is vested in Council |
| s 102 |
Power to decide construction of the pipeline in relation to roads, bridges and tramways is satisfactory |
2 Delegates
|
Where Council is the 'relevant authority' |
| s 103 |
Power to decide construction of the pipeline in relation to electrical apparatus or other pipelines is satisfactory |
2 Delegates
|
Where Council is the 'relevant authority' |
| s 104 |
Function of being reimbursed by licensee for expense incurred due to the existence of a pipeline |
1 Delegates
|
|
| s 105(1) |
Power to refer a dispute under Division 2 Part 7 of the Act to the Governor in Council for determination |
1 Delegates
|
|
| s 105(2) |
Duty to comply with Governor in Council's determination under s 105(1) |
1 Delegates
|
|
| s 116 |
Function of receiving notice from licensee of incident |
1 Delegates
|
Where Council is the 'relevant authority' |
| s 20(1) |
Duty to comply with Information Privacy Principles
|
2 Delegates
|
|
| s 20(2) |
Duty to comply with Information Privacy Principles when administering a public register
|
1 Delegates
|
|
| s 22(1) |
Power to seek approval of a code of practice or an amendment to a code of practice
|
1 Delegates
|
|
| s 22(4) |
Function of being consulted by the Information Commissioner in relation to a code of practice
|
1 Delegates
|
|
| s 23(1)(b) |
Function of giving written notice to the Information Commissioner that Council intends to be bound by the approved code of practice
|
1 Delegates
|
|
| s 23(6) |
Function of giving written notice to the Information Commissioner that Council no longer intends to be bound by the approved code of practice |
1 Delegates
|
|
| s 26(4) |
Function of being consulted by the Information Commissioner in relation to a code of practice
|
1 Delegates
|
|
| s 28(5) |
Power to refuse a request by an authorised representative of an individual for access to personal information where it is reasonably believed that access may endanger the individual
|
1 Delegates
|
|
| s 29(1) |
Power to apply to the Commissioner for a public interest determination
|
1 Delegates
|
|
| s 29(5) |
Function of receiving draft determination
|
1 Delegates
|
|
| s 29(6) |
Function of attending a conference with the Information Commissioner |
1 Delegates
|
|
| s 30(1) |
Power to request that application be for a temporary public interest determination
|
1 Delegates
|
|
| s 34(1) |
Power to apply to the Information Commissioner for approval of an amendment to a public interest determination
|
1 Delegates
|
|
| s 34(2) |
Function of receiving draft determination and attending a conference with the Information Commissioner and Power to make a submission
|
1 Delegates
|
|
| s 35(2) |
Function of receiving written notice from the Information Commissioner regarding revocation of a public interest determination
|
1 Delegates
|
|
| s 36(1) |
Duty to report to the Information Commissioner on an annual basis, or at any other agreed time
|
1 Delegates
|
|
| s 38(1) |
Power to apply to the Information Commissioner for a temporary public interest determination and power to make a submission
|
1 Delegates
|
|
| s 41(2) |
Function of receiving written notice from the Information Commissioner regarding revocation of temporary public interest determination
|
1 Delegates
|
|
| s 47(1) |
Power to apply for approval of an information usage arrangement
|
1 Delegates
|
Where Council is a lead party to an information usage arrangement |
| s 47(2) |
Duty to consult where required |
2 Delegates
|
Where Council is a party to an information usage arrangement |
| s 49(6) |
Function of receiving notice of a refusal under s 49(4) or (5) from the Information Commissioner
|
1 Delegates
|
Where Council is a lead party to an information usage arrangement |
| s 52(1) |
Power to apply for approval of an amendment to an information usage arrangement
|
1 Delegates
|
Where Council is a lead party to an information usage arrangement |
| s 52(2) |
Duty to consult where required
|
1 Delegates
|
Where Council is a party to an information usage arrangement |
| s 53(2) |
Power to request revocation of an approval of an information usage arrangement
|
1 Delegates
|
Where Council is a party to an information usage arrangement |
| s 53(4) |
Function of receiving notice from the Information Commissioner regarding ground for revocation of an information usage arrangement
|
1 Delegates
|
Where Council is a party to an information usage arrangement |
| s 53(5) |
Function of receiving notice from the Minister regarding revocation of an information usage arrangement
|
1 Delegates
|
Where Council is a party to an information usage arrangement |
| s 54(1) |
Duty to report to the Information Commissioner about the information usage arrangement
|
1 Delegates
|
Where Council is a lead party to an information usage arrangement |
| s 56 |
Power to apply to VCAT for review of a decision to issue a certificate under s 55 |
1 Delegates
|
Where Council's interests are affected by the decision
|
| s 61 |
Function of receiving notice of complaint lodged with the Information Commissioner
|
1 Delegates
|
|
| s 62(1) |
Function of receiving notice that complaint is to be declined
|
1 Delegates
|
|
| s 62(3) |
Power to attend before the Information Commissioner and produce documents
|
1 Delegates
|
|
| s 62(7) |
Function of receiving notice of dismissal
|
1 Delegates
|
|
| s 63(2) |
Function of receiving notice of complaint being referred by the Information Commissioner
|
1 Delegates
|
|
| s 64(2) |
Function of receiving notice of complaint being dismissed by the Information Commissioner
|
1 Delegates
|
|
| s 66(1) |
Function of receiving notice that conciliation is inappropriate
|
1 Delegates
|
|
| s 66(6) |
Function of receiving notice of complaint being dismissed by the Information Commissioner |
1 Delegates
|
|
| s 67(3) |
Power to attend conciliation and settle the matter
|
1 Delegates
|
|
| s 68 |
Power to give information or produce a document
|
1 Delegates
|
|
| s 69(1) |
Power to prepare and sign conciliation agreement
|
1 Delegates
|
|
| s 69(2) |
Power to lodge certified conciliation agreement
|
1 Delegates
|
|
| s 69(3) |
Function of receiving copy of registered record |
1 Delegates
|
|
| s 71(1) |
Function of receiving notice of unsuccessful conciliation
|
1 Delegates
|
|
| s 71(6) |
Function of receiving notice of complaint being dismissed by the Information Commissioner
|
1 Delegates
|
|
| s 72 |
Power to apply to VCAT for an interim order
|
1 Delegates
|
|
| s 77(1) |
Power to administer/ implement order of VCAT
|
1 Delegates
|
|
| s 77(3) |
Function of receiving VCAT order relating to a public register administered by Council
|
1 Delegates
|
|
| s 78(1) |
Duty to comply with compliance notice served by the Information Commissioner
|
1 Delegates
|
|
| s 78(3) |
Power to apply for extension in relation to compliance notice
|
1 Delegates
|
|
| s 79 |
Power to give information or produce a document
|
1 Delegates
|
|
| s 83(1) |
Power to apply to VCAT for review of a decision of the Information Commission under s 78(1) |
1 Delegates
|
|
| s 75(3) |
Duty to comply with a request under s 75(1) |
1 Delegates
|
Where Council is a specified body |
| s 16(1) |
Function of receiving a public interest disclosure that relates to the conduct of Council or of a member, officer or employee of Council |
1 Delegates
|
Subject to s 16(2) |
| s 21(2) |
Duty to, no later than 28 days after the disclosure is made, notify the disclosure to the appropriate entity for assessment under Part 3 |
1 Delegates
|
Where Council is a receiving entity |
| s 23 |
Power to provide information in respect of the disclosure |
1 Delegates
|
|
| s 24(2) |
Duty to advise the person who made the disclosure that the disclosure has been notified to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee (as the case may be) for assessment
|
1 Delegates
|
Where Council is a receiving entity |
| s 24(3) |
Duty to advise the person who made the disclosure of the matters in s 24(3)(a) – (c) |
1 Delegates
|
Where Council is a receiving entity |
| s 26(6) |
Function of being consulted by IBAC |
1 Delegates
|
Where Council is a notifying entity |
| s 27 |
Function of receiving notification of IBAC's determination |
1 Delegates
|
Where Council is a notifying entry |
| s 54(1) |
Power to disclose information regarding an assessable disclosure or identity of person who has made an assessable disclosure, only in the circumstances listed in s 54(2) |
1 Delegates
|
|
| s 58(1) |
Duty to establish procedures to facilitate the making of disclosures and the handling of those disclosures |
1 Delegates
|
|
| s 58(5) |
Duty to establish procedures for the protection of persons from detrimental action by the Council, Council officers or Councillors
|
1 Delegates
|
|
| s 59(4) |
Duty to make procedures established under s.58 available to the public and to staff and Councillors
|
1 Delegates
|
|
| s 61(1) |
Function of receiving recommendations from IBAC |
1 Delegates
|
|
| s 70(1) |
Duty to include certain items in annual report
|
1 Delegates
|
|
| sch.1 cl 25(2) |
Duty to complete the investigation of the disclosure under the Whistleblowers Protection Act 2001 and take action listed in sch.1 cl 25(2)(b)
|
1 Delegates
|
Note: applies Where an investigation has been started but not completed under the Whistleblowers Protection Act 2001 |
| sch.1 cl 29(2) |
Duty to notify IBAC within 28 days of a disclosure made after commencement of this Act |
1 Delegates
|
|
| s 25 |
Duty to report to the Secretary when required by notice |
3 Delegates
|
|
| s 26(1) |
Duty to prepare municipal health and wellbeing plan within 12 months after each general election in accordance with s 26(2) & (3) |
1 Delegates
|
|
| s 26(4) |
Duty to review municipal public health and wellbeing plan annually and amend as appropriate |
1 Delegates
|
Unless s 27 applies |
| s 26(4A) |
Duty to include a review of the measures referred to in s (2)(ba) when annually reviewing the municipal public health and wellbeing plan |
1 Delegates
|
Unless s 27 applies |
| s 26(6) |
Duty to give a copy of the current municipal public health and wellbeing plan to the Secretary |
1 Delegates
|
Unless s 27 applies |
| s 26(6A) |
Duty to report, to the Secretary, the measures referred to in s (2)(ba) at the intervals specified |
1 Delegates
|
Unless s 27 applies |
| s 26(7) |
Duty to make copy of current municipal public health and wellbeing plan available for public inspection |
1 Delegates
|
Unless s 27 applies |
| s 27(3) |
Power to apply to the Secretary for an exemption from complying with s 26 |
1 Delegates
|
|
| s 27(6) |
Duty to give a copy of the current Council Plan or Strategic Plan to the Secretary |
1 Delegates
|
If Council has been granted an exception from complying with s 26 and if change relates to matters in s 26(2) |
| s 28(a) |
Duty, in a state of emergency or when a pandemic declaration is in force, to comply with an order of the Secretary |
3 Delegates
|
|
| s29(1) |
Duty to appoint environmental health officer |
2 Delegates
|
Council must appoint at least one environmental health officer
Council can only appoint person with the qualifications and experience specified in s 29(2)
|
| s 31(4) |
Power to give directions to authorised officers |
3 Delegates
|
Within guidance and direction from GMDCS and MPBH |
| s 57(2) |
Power to disclose certain information to the Secretary, Chief Health Officer or another Council |
4 Delegates
|
|
| s 57(4) |
Power to disclose certain information to a Government Department, statutory body or other person responsible for administering another Act or regulations |
4 Delegates
|
|
| s 60 |
Duty to remedy all nuisances in municipal district |
6 Delegates
|
|
| s 62(2) |
Duty to investigate any notice of a nuisance |
5 Delegates
|
|
| s 62(3) |
Duty to take action in s 62(3)(a) or (b) where nuisance is found to exist after investigation |
5 Delegates
|
|
| s 62(3)(a) |
Function of taking action specified in s 62(4) where appropriate |
5 Delegates
|
|
| s 62(3)(b) |
Function of determining whether matter is better settled privately and, if so, advising of methods for settling matter privately |
5 Delegates
|
|
| s 62(4)(a) |
Power to exercise the powers in section 66 where that section applies, for the purposes of s 62(3)(a) |
5 Delegates
|
|
| s 62(4)(b) |
Power to issue an improvement notice or a prohibition notice for the purposes of s 62(3)(a) |
5 Delegates
|
|
| s 62(4)(c) |
Power to bring proceedings under s 219(2) for an offence against this Act for the purposes of s 62(3)(a) |
5 Delegates
|
|
| s 64 |
Power to institute proceedings for an offence under s 61 |
5 Delegates
|
|
| s 65 |
Power to investigate nuisance occurring outside municipal district |
5 Delegates
|
|
| s 66(2)(a) |
Power to enter and take steps to abate nuisance and do all things necessary for abatement |
5 Delegates
|
Where nuisance comes from land for which the occupier and owner are unknown or cannot be found
Unless another Council is abating the nuisance under s 66(2)
|
| s 66(2)(b) |
Power to do all things necessary for abatement of nuisance |
5 Delegates
|
Where nuisance comes from land for which the occupier and owner are unknown or cannot be found
Unless another Council is abating the nuisance under s 66(2)
|
| s 66(4) |
Power to recover costs incurred under s 66(2) |
2 Delegates
|
|
| s 67 |
Function of receiving application for registration of prescribed accommodation
|
6 Delegates
|
|
| s 67A |
Function of receiving application for registration of lower risk prescribed accommodation |
2 Delegates
|
|
| s 69 |
Function of receiving application for registration of premises upon which a person conducts business |
6 Delegates
|
Applies to higher risk services |
| s 69A |
Function of receiving application for registration of premises upon which a person conducts business |
6 Delegates
|
Applies for lower risk services |
| s 71 |
Function of receiving applications for the issue, renewal or transfer of a registration |
6 Delegates
|
|
| s 73(1)(a) |
Power to give the applicant notice requiring specified information before considering the application under s 71 |
6 Delegates
|
|
| s 73(1)(b) |
Power to inspect prescribed accommodation or premises before considering the application under s 71 |
6 Delegates
|
|
| s 73(1)(c) |
Power to require alterations or improvements to prescribed accommodation or premises before considering the application under s 71 |
4 Delegates
|
|
| s 73(2) |
Power to issue, transfer or renew a registration subject to s 73(1)(c) |
4 Delegates
|
|
| s 73A |
Duty and power to enter information in the Rooming House Register |
6 Delegates
|
|
| s.74 |
power to decide issue, transfer or renew registration |
4 Delegates
|
|
| s 76(1)(a) |
Power to refuse to issue a registration |
3 Delegates
|
Decision of delegate only valid where Council later ratifies the refusal |
| s 76(1)(b) |
Power to issue a registration subject to a condition imposed on the registration by the Council under s 73(2) |
3 Delegates
|
Subject to s 74 |
| s 76(1)(c) |
Power to vary a registration |
3 Delegates
|
|
| s 76(1)(d) |
Power to cancel a registration |
3 Delegates
|
|
| s 76(1)(e) |
Power to suspend a registration |
3 Delegates
|
|
| s 76(1)(f) |
Power to refuse to transfer a registration |
3 Delegates
|
Decision of delegate only valid where Council later ratifies the refusal |
| s 76(1)(g) |
Power to transfer a registration subject to a condition imposed on the registration by the Council under s 73(2) |
3 Delegates
|
Subject to s 74 |
| s 76(1)(h) |
Power to refuse to renew a registration |
3 Delegates
|
Decision of delegate only valid where Council later ratifies the refusal |
| s 76(1)(i) |
Power to renew a registration subject to a condition imposed on the registration by the Council under s 73(2) |
3 Delegates
|
Subject to s 74 |
| s 76(3) |
Duty to notify applicant or registration holder of decision under s 76 and ground(s) on which it was based |
5 Delegates
|
|
| s 78 |
Power to issue a replacement certificate of registration |
6 Delegates
|
|
| s 78A(1) |
Power to accept applications for the issue, transfer or renewal of registration in the online portal if accommodation or premises in located in the municipal district |
7 Delegates
|
|
| s 78A(2) |
Duty to pay the charge for use of the online portal |
7 Delegates
|
|
| s 181(1) |
Power to take any step in paragraphs (a)-(d) with respect to items seized by an authorised officer appointed by Council |
5 Delegates
|
|
| s 181(2) |
Duty to notify owner of item forfeited under s 181(1)(c), setting out how to seek review of the decision |
5 Delegates
|
|
| s 182 |
Power to destroy or otherwise dispose of forfeited item |
5 Delegates
|
|
| s 185(1) |
Function of receiving complaints about authorised officers appointed by the Council |
4 Delegates
|
Complaint must be in writing or other form approved by Council |
| s 185(2) |
Power to approve form in which complaint is made |
3 Delegates
|
|
| s185(4)(a) |
Duty to investigate any written complaint provided under s 185(2) |
3 Delegates
|
|
| s185(4)(b) |
Duty to provide written report to the complainant on the results of the investigation under s 185(4)(a) |
3 Delegates
|
|
| s 194(2)(a) |
Power to issue an improvement notice |
5 Delegates
|
In accordance with s 194(3) |
| s194(2)(b) |
Power to issue a prohibition notice |
5 Delegates
|
In accordance with s 194(3) |
| s 196(1) |
Power to apply to Magistrates' Court for an injunction (compelling a person to comply or restraining a person from contravening an improvement notice or prohibition notice) |
5 Delegates
|
|
| s 197(2) |
Power to cause a complaint to be made to the Magistrates' Court (where prohibition notice or improvement notice issued and person does not comply or nuisance likely to recur) |
5 Delegates
|
|
| s 197(5)(a) |
Power, where order issued under s 197(4), to enter land and abate nuisance and do whatever is necessary to execute the order |
5 Delegates
|
|
| s 197(5)(b) |
Power to recover costs and expenses incurred |
5 Delegates
|
|
| s 197(6) |
Power to recover costs and expenses in court |
5 Delegates
|
|
| s 205(2) |
Function of receiving applications for review of Council decisions |
5 Delegates
|
|
| s 205(3) |
Duty to review decision where application received under s 205(2) |
5 Delegates
|
|
| s 205(5) |
Power to agree a period greater than 28 days for review of a decision with the applicant |
5 Delegates
|
|
| s 205(6)(a) |
Power to make a decision affirming, varying or revoking a decision |
3 Delegates
|
|
| s 205(6)(b) |
Power to make any other decision where original decision is revoked |
3 Delegates
|
Where decision is to refuse an application, decision of delegate only valid where Council later ratifies the refusal |
| s 205(7) |
Duty to give applicant for review a written statement of the decision and reasons |
5 Delegates
|
|
| s 205(8) |
Duty to inform applicant for review of right to apply to VCAT for a review under s207 |
5 Delegates
|
|
| s 209(2) |
Power to serve infringement notice |
5 Delegates
|
|
| s 219(2)(a) |
Power to bring proceedings for offence against Part 6, 9 or 10 (or any regulations under Part 6, 9 or 10) |
3 Delegates
|
|
| s 219(2)(b) |
Power to bring proceedings for offence relating to an improvement notice or a prohibition notice |
3 Delegates
|
|
| s 228(1) |
Power to seek reimbursement of costs incurred where person is found guilty of an offence |
3 Delegates
|
|
| s 228(2) |
Power to seek payment for cost of work conducted by Council where awarded legal costs |
5 Delegates
|
'work' is defined in s 228(3) |
| s 229(3) |
Power to take the actions necessary to ensure compliance with the direction, requirement, improvement notice or prohibition notice |
5 Delegates
|
Where Council is so authorised by Chief Health Officer under s 229(2) |
| s 230(2)(b) |
Power to recover, in court, costs incurred under s 229 |
3 Delegates
|
|
| s 8A |
Duty to cause records to be transferred to custody of Public Records Office |
2 Delegates
|
|
| s 91ZU(1) |
Power to give a renter a notice to vacate rented premises |
1 Delegates
|
Where Council is a public statutory authority engaged in the provision of housing |
| s 91ZZC(1) |
Power to give a renter a notice to vacate rented premises |
1 Delegates
|
Where Council is a public statutory authority authorised to acquire land compulsorily for its purposes |
| s 91ZZE(1) |
Power to give a renter a notice to vacate rented premises |
1 Delegates
|
Where Council is a public statutory authority engaged in the provision of housing |
| s 91ZZE(3) |
Power to publish Council's criteria for eligibility for the provision of housing |
1 Delegates
|
Where Council is a public statutory authority engaged in the provision of housing |
| s 142D |
Function of receiving notice regarding an unregistered rooming house |
3 Delegates
|
|
| s 142G(1) |
Duty to enter required information in Rooming House Register for each rooming house in municipal district |
3 Delegates
|
|
| s 142G(2) |
Power to enter certain information in the Rooming House Register |
3 Delegates
|
|
| s 142I(2) |
Power to amend or revoke an entry in the Rooming House Register if necessary to maintain the accuracy of the entry |
3 Delegates
|
|
| s 206AZA(2) |
Function of receiving written notification |
3 Delegates
|
|
| s 207ZE(2) |
Function of receiving written notification |
3 Delegates
|
|
| s 14(7) |
Power to appeal to the Minister regarding decision of the Head, Transport for Victoria |
1 Delegates
|
|
| s 48M |
Function of consulting with the relevant authority in relation to the development of guidelines for bus stopping points and bus stop infrastructure |
2 Delegates
|
|
| s 48N |
Duty to notify relevant authority within 28 days of installation, removal or relocation of a bus shelter, seat or hardstand located at, or in the immediate vicinity of, a bus stopping point |
2 Delegates
|
|
| s 72(1) |
Duty to issue an identity card to each authorised officer the entity appoints |
1 Delegates
|
Where Council is an appointing entity |
| s 86 |
Duty to keep a register containing the particulars of all matters reported to Council under s 85 |
2 Delegates
|
Where Council is the appointing entity |
| s 87(1) |
Function of receiving complaints about the exercise of a power by an authorised officer under the Road Management Act 2004 (Vic) |
1 Delegates
|
Where Council is the appointing entity |
| s 87(2)(a) |
Power to investigate complaint |
4 Delegates
|
Where Council is the appointing entity |
| s 87(2)(b) |
Power to provide written report |
4 Delegates
|
Where Council is the appointing entity |
| s 88(2) |
Function of receiving a document or information from a person who provides a document or information in response to a requirement of an authorised officer under the Road Management Act 2004 (Vic) |
1 Delegates
|
Where Council is the appointing entity |
| s 89(2) |
Power to provide written authority to an authorised officer to give any information acquired by the authorised officer in carrying out those functions to any other person, whether directly or indirectly |
1 Delegates
|
Where Council is the appointing entity |
| sch 2 cl 4 |
Power to make submissions on the Head, Transport for Victoria's proposal to act under s 42 and cl 3 |
2 Delegates
|
|
| sch 5A cl 15(3) |
Duty to provide a certificate under cl 15(2)(b)(ii) of sch 5A on the written request of the Head, Transport for Victoria |
2 Delegates
|
|
| sch 5A cl 26 |
Duty to surrender land to the Crown following an order of the Governor in Council |
2 Delegates
|
|
| sch 5A cl 27 |
Duty to surrender Council's interest in any Crown land to the Crown following an order of the Governor in Council |
2 Delegates
|
|
| sch 5A cl 51 |
Power to claim from the Head, Transport for Victoria an amount for loss or expense incurred as a result of an order under Division 2 Part 5 of the Act |
2 Delegates
|
Council must have sustained pecuniary loss or incurred an expense |
| s 59(1)(a) and (d) |
Power to authorise officer or other person to request or signal driver or person in charge of motor vehicle to do certain things, such as stop the motor vehicle |
5 Delegates
|
|
| s 77(2)(b) |
Power to prosecute and authorise staff member to prosecute |
3 Delegates
|
|
| s 77(4) |
Power to authorise officer to take proceedings for any offence which relates to the parking or leaving standing of a vehicle if the offence occurs on land or premises which are vested in, or under the control of, Council |
1 Delegates
|
|
| s 84BE(1) |
Function of receiving a statement under this section |
2 Delegates
|
Where Council is the enforcement official |
| s 84BE(4), (5) and (5A) |
Power to decide to accept statements as effective statements for the purposes of this Part |
2 Delegates
|
Where Council is the enforcement official |
| s 84BE(6) |
Duty to cause notice to be served on the statement-giver stating whether the enforcement official accepted the statement as an effective statement |
2 Delegates
|
Where Council is the enforcement official |
| s 84BF |
Power to cancel acceptance of a statement |
2 Delegates
|
Where Council is the enforcement official |
| s 87(1) |
Power to serve, or cause to be served, a parking infringement notice |
4 Delegates
|
|
| s 87(1D) |
Duty to issue an identity card to authorised person Council appoints |
1 Delegates
|
|
| s 87(1E) |
Power to authorise a member of staff to sign identity card |
1 Delegates
|
|
| s 87(8) |
Power to authorise person for purpose of serving parking infringement notices in accordance with s 87(1C) |
3 Delegates
|
|
| s 90D(1) |
Power to enter into an agreement with the owner or occupier or land for the provision of parking services |
3 Delegates
|
|
| s 90I |
Power to issue parking permits to enable vehicles displaying a parking permit for people with disabilities to be parked in accordance with the Road Safety Road Rules 2017 (Vic)
|
2 Delegates
|
|
| s 98(1) |
Power to request Minister to extend application of Act |
1 Delegates
|
|
| s 99A(4) |
Power to establish requirements for traffic management plan |
3 Delegates
|
Where Council is the coordinating road authority under the Road Management Act 2004 |
| s 99B(1) |
Power to issue permit to conduct non-road activity (including on conditions specified in s 99B(3)) |
3 Delegates
|
Where Council is the coordinating road authority under the Road Management Act 2004 |
| s 99B(2) |
Power to authorise closure of highway to traffic |
3 Delegates
|
Where Council is the coordinating road authority under the Road Management Act 2004 |
| s 49(3) |
Duty to comply with request under s 49(1) to answer any questions |
5 Delegates
|
|
| s 26F |
Duty to comply with Director's or inspector's request to answer questions or provide information regarding endorsed pawnbroker's business as pawnbroker |
2 Delegates
|
|
| s 7(1) |
Function of receiving a previously transferred customer service function |
3 Delegates
|
|
| s 7(5) |
Power to perform a customer service function in accordance with the enactment that confers the function on the service agency |
3 Delegates
|
|
| s 12 |
Function of receiving a previously transferred identity verification function |
2 Delegates
|
|
| s 12(5) |
Power to perform an identity verification function in accordance with the enactment that confers the function on the service agency |
2 Delegates
|
|
| s 35(3) |
Function of receiving a notification from the Service Victoria CEO if the electronic identity credential, which has been issued to an individual, is cancelled under s 38 |
2 Delegates
|
|
| s 47E |
Power to make changes to information in database |
2 Delegates
|
|
| s 54A(2) |
Power to disclose regulated information in certain circumstances in (a) – (g) |
1 Delegates
|
|
| s 58(3) |
Power to provide agreement to Minister |
2 Delegates
|
|
| s 3 |
Power to appoint an authorised officer |
1 Delegates
|
Note: the Sex Work Act 1994 will be repealed on 1 December 2023
CEO retains power - not delegated |
| s 35 |
Function of receiving notice of application for a licence |
3 Delegates
|
|
| s 73 |
Duty to consider various factors before deciding on an application for a permit for use or development as a brothel |
3 Delegates
|
|
| s 74 |
Duty to refuse to grant a permit for a brothel in certain circumstances |
3 Delegates
|
|
| s 75A |
Duty to determine an application or request for an amendment in relation to a permit issued for the use or development of land for the purposes of the operation of a brothel |
3 Delegates
|
|
| s 76(1) |
Duty to determine an application for a permit made but not determined before commencement of Division 2 Part 4, in accordance with Planning and Environment Act 1987 as affected by Division 2 Part 4 |
3 Delegates
|
|
| s 76(2) |
Duty to determine an application for extension of temporary use permit granted before commencement of Division 2 Part 4 in accordance with Planning and Environment Act 1987 as if this Act had not been enacted |
3 Delegates
|
|
| s 81(1)(a) |
Duty to publish notice of making of declaration |
3 Delegates
|
|
| s 81(1)(b) |
Duty to serve notice of making of declaration personally on owner/occupier/mortgagee of premises |
3 Delegates
|
|
| s 81(1)(c) |
Duty to post up at or near entrance to premises copy of declaration |
1 Delegates
|
Must be visible and legible to persons entering |
| s 89(4) |
Function of issuing certificate that an officer is authorised |
2 Delegates
|
|
| s 54(1) |
Duty to comply with request for information made under s 53(1) |
4 Delegates
|
Unless s 54(1)(a) and (b) apply |
| s 6(3) |
Power to enter into agreement with Minister and to agree to conditions for Minister to carry out works or undertakings or provide services |
1 Delegates
|
CEO retains power – Not delegated |
| s 14(3) |
Function of receiving funds for works for provision of sport and recreation |
1 Delegates
|
|
| s 3(5) |
Power to require variation of easement or restriction in compliance with planning scheme or permit |
3 Delegates
|
|
| s 5(3)(c) |
Function of receiving application for certification |
4 Delegates
|
|
| s 5(3)(d) |
Power to provide statement of compliance |
4 Delegates
|
|
| s 5(4) |
Power to accept and consider plans |
4 Delegates
|
|
| s 5(4A) |
Power to consider and certify plans before Transfer of Land Act 1958 application determined |
4 Delegates
|
|
| s 6(1) |
Duty to certify plan within prescribed time in specified circumstances |
4 Delegates
|
|
| s 6(2) |
Duty to refuse to certify plan where conditions in s 6(1) not met and give reasons in writing |
4 Delegates
|
|
| s 7A(2) |
Duty to, within 7 days after certifying the plan, give the Secretary to the Department of Environment, Land, Water and Planning written notice of that certification, a copy of the application for certification and the certified plan
|
1 Delegates
|
CEO retains power - not delegated |
| s 8(1) |
Duty to refer plans to referral authority in certain circumstances |
5 Delegates
|
Unless sub s 8(2)-(5) apply
Form of referral per r 13 and 14 of the Subdivision (Procedures) Regulations 2021
|
| s 8(6) |
Duty to give referral authority copy of certified plan where not referred to referral authority |
5 Delegates
|
|
| s 10(1) |
Power to require applicant to alter plan |
4 Delegates
|
|
| s 10(2) |
Power to agree to an alteration at request of applicant |
5 Delegates
|
|
| s 10(5) |
Duty to send altered plan to referral authority |
5 Delegates
|
Must send notice in prescribed Form 7 in Schedule 1 outlining revised times, r 19 of the Subdivision (Procedures) Regulations 2021 |
| s 10(7) |
Duty to notify surveyor of alteration required by Council |
5 Delegates
|
|
| s 11(1) |
Function of receiving application to amend certified plan |
5 Delegates
|
|
| s 11(2) |
Duty to refer application under s 11(1) to referral authority |
5 Delegates
|
|
| s 11(2A) |
Power to amend without referral if minor amendment |
4 Delegates
|
|
| s 11(7) |
Duty to re-certify plan or advise of refusal in writing with reasons |
4 Delegates
|
|
| s 11(10) |
Duty to notify surveyor of an amendment by acquiring authority where plan prepared by surveyor |
5 Delegates
|
|
| s 11(11) |
Duty to give copy of re-certified plans to referral authority |
5 Delegates
|
|
| s 11A(1) |
Power to require more information |
5 Delegates
|
|
| s 15(1) |
Power to require engineering plan |
5 Delegates
|
Does not apply where s 14 applies |
| s 15(2) |
Duty to approve/refuse approval/require alterations of engineering plan |
2 Delegates
|
Does not apply where s 14 applies |
| s 15(6) |
Power to charge for engineering plans prepared by it |
1 Delegates
|
Does not apply where s 14 applies |
| s 17(2)(a) |
Power to appoint supervisor of works |
2 Delegates
|
Does not apply where s 14 applies |
| s 17(2)(b) |
Power to charge for supervision |
3 Delegates
|
Does not apply where s 14 applies |
| s 17(2)(c) |
Power to enter into agreement with owner or applicant in anticipation of applicant becoming owner |
1 Delegates
|
Does not apply where s 14 applies |
| s 17(2A) |
Power to request Minister to nominate authority to consider what works are required |
3 Delegates
|
Does not apply where s 14 applies |
| s 17(2D) |
Power to transfer works/interest in land relating to the works by agreement from Council to a relevant authority |
1 Delegates
|
Does not apply where s 14 applies |
| s 18(1) |
Power to require applicant to set aside land for public open space and/or pay a percentage |
5 Delegates
|
Does not apply where ss 14 and 18(8) apply
Must have regard to matters in s 18(1A)-2
|
| s 18(1B) |
Power to vary time of payment by agreement with applicant |
4 Delegates
|
|
| s 18(4) |
Power to agree with applicant to set aside/pay different percentage |
3 Delegates
|
Does not apply where s 14 applies |
| s 18(7) |
Power to refund amount paid under s 18(1) where no longer intend to subdivide |
3 Delegates
|
Does not apply where s 14 applies |
| s 18(8) |
Power to consider it unlikely that each lot will be further subdivided. |
2 Delegates
|
|
| s 18A(6) |
Power to decide to refund the amount paid to it, if satisfied that it is no longer intended to subdivide the land |
2 Delegates
|
|
| s 19(1) |
Power to obtain valuation where value is not agreed |
2 Delegates
|
Does not apply where s 14 applies |
| s 19(3) |
Duty to give applicant copy of valuation |
4 Delegates
|
Does not apply where s 14 applies |
| s 19(5) |
Power to obtain revaluation on each anniversary of the making of the public open space requirement and vary the requirement accordingly, where the public open space requirement has not been complied with |
4 Delegates
|
Does not apply where s 14 applies |
| s 21(1) |
Duty to issue statement of compliance, subject to s 21(2C) and (2CA) |
3 Delegates
|
Does not apply where s 14 applies
Time limits apply (s 21(1)-(2))
|
| s 21(2A)(a)&(b) |
Duty to, in writing, notify Development Victoria of request within 7 days of receiving a request for issue of statement of compliance, and to provide Authority with a copy of planning permit |
2 Delegates
|
|
| s 21(2CA) |
Duty not to issue a statement of compliance in relation to a plan relating to land, in respect of which an infrastructure contribution is imposed under an approved infrastructure contributions plan, unless the applicant has satisfied the Council of the criteria set out in s 21(2CA)(a) and (2CA)(b) |
2 Delegates
|
|
| s 21(4) |
Power to provide in the statement of compliance that agreement pursuant to Planning and Environment Act 1987 no longer applies in certain circumstances |
2 Delegates
|
Does not apply where s 14 applies |
| s 21(9) |
Duty to give a notice to the Commissioner of State Revenue that a statement of compliance has been issued |
3 Delegates
|
|
| s 21(10)(a) |
Duty to, within 7 days after issuing a statement of compliance for a plan of subdivision relating to land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 (Vic)), give the Secretary to the Department of Environment, Land, Water and Planning written notice that the statement has been issued |
4 Delegates
|
|
| s 21(10)(b) |
Duty to, within 7 days after issuing a statement of compliance for a plan of subdivision relating to land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 (Vic)), give the Secretary to the Department of Environment, Land, Water and Planning a copy of the statement |
4 Delegates
|
|
| s 21(10)(c) |
Duty to, within 7 days after issuing a statement of compliance for a plan of subdivision relating to land in respect of which there is a levy recording (within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 (Vic)), give the Secretary to the Department of Environment, Land, Water and Planning a copy of the plan of subdivision |
4 Delegates
|
|
| s 24A(1) |
Duty to do any of the things listed in the table in this s 24A where so required by planning scheme with respect to reserves, etc |
4 Delegates
|
|
| s 24A(2) |
Power to certify a plan prepared under s 24A(1) where applicant certifies land no longer reserved |
3 Delegates
|
|
| s 25(1) |
Function of being notified by Registrar of registration of plan and duty to notify any public authority for which easement has been created/reserve has vested. |
5 Delegates
|
|
| s 25(2) |
Function of being notified by Registrar if plan is withdrawn or refused registration |
4 Delegates
|
|
| s 25(3) |
Duty to notify referral authority affected by withdrawal/refusal |
4 Delegates
|
|
| s 34E |
Power to apply to VCAT for order compelling an owners corporation to carry out a requirement or perform a duty |
3 Delegates
|
|
| s 34H(5) |
Function of receiving notice from Registrar of amendment or cancellation of plan on winding up |
4 Delegates
|
|
| s 35(1) |
Duty of acquiring authority to submit plan for certification and registration where land subdivided |
1 Delegates
|
|
| s 35(2) |
Power to require acquiring authority to submit certification new/amended plan |
1 Delegates
|
s 35(3)-(5) apply |
| s 35(6) |
Duty of an acquiring authority to advise Registrar of vesting date |
1 Delegates
|
|
| s 35(8) |
Power of acquiring authority to submit for certification and registration of any land vested/registered in its own name |
1 Delegates
|
s 35(9) applies |
| s 35(11) |
Duty to give notice to the Commissioner of State Revenue that the plan has been certified |
4 Delegates
|
Provision commences the day after the day on which the State Taxation Acts Amendment Act 2023 receives Royal Assent |
| s 36(1) |
Function of stating in writing that it considers that subdivision requires removal/acquisition of easement |
3 Delegates
|
s 35(1AA) applies |
| s 38 |
Power to provide written consent |
4 Delegates
|
|
| s 38A(1) |
Power to provide written consent |
4 Delegates
|
|
| s 38B |
Power to provide written consent |
4 Delegates
|
|
| s 38C |
Power to provide written consent |
3 Delegates
|
|
| s 39(1) |
Power to refer disputes to VCAT |
2 Delegates
|
Unless s 39(2) applies
CEO or GMCE are to be consulted prior to power is executed
|
| s 39(3) |
Power to apply to the County Court to order registration of plan be stopped in certain circumstances |
2 Delegates
|
|
| sch 2 cl 11(1) |
Power to apply to a court for an order regarding scheme of development |
3 Delegates
|
|
| s 4 |
Power to give permission or consent to certain things |
1 Delegates
|
|
| s 6A(1) |
Duty to consult with Victoria Police before granting an application for a permit for the use of Council land, a road closure or anything else that the Council believes will facilitate a public protest being held by the applicant |
1 Delegates
|
Subject to s 6A(2)(b) |
| s 50A(3)(a) |
Power to apply to Governor in Council for declaration that municipal district be a 'district' for purposes of s 50A offences |
1 Delegates
|
|
| s 50A(3)(b) |
Power to apply to Governor in Council for revocation/variation of declaration under s 50A(3)(a) |
1 Delegates
|
|
| s 12(2)(o) |
Function of receiving advice from the Authority |
1 Delegates
|
Not Applicable to Council |
| s 63 |
Power to enter into an agreement or arrangement with the Authority concerning the matters outlined at s 63(1) and (2) |
1 Delegates
|
Council as public authority and reciprocal entity
Not Applicable to Council |
| s 71(1) |
Function of receiving a copy of Suburban Rail Loop planning area declaration and statement containing prescribed information |
1 Delegates
|
Not Applicable to Council |
| s 90(3) |
Duty to comply with requirement under subsection (1)
|
1 Delegates
|
Not Applicable to Council |
| s 92(1)(e)(vfa) |
Function of receiving information from a tax officer under or in relation to the administration of a taxation law |
2 Delegates
|
|
| s 26X(1) |
Function of receiving enquiries, from the Registrar, for personal information that identifies ratepayers and mortgagors of land, for the purpose of comparing that information with information retained by the Registrar or the Registrar-General in relation to land that is to be brought under the Act |
1 Delegates
|
|
| s 26X(2) |
Function of disclosing personal information that identifies who is a ratepayer or mortgagor of the land |
1 Delegates
|
|
| s 45(1) |
Power to sign a transfer of land in respect of which a decision to acquire or dispose of land has been made under the Local Government Act 2020 |
1 Delegates
|
Where Council is the landowner
Note: Where Council receives a request for consent to the creation or surrender of an easement (right of carriageway) in a s 45
transfer of land that Council is not a party to, see s 73B
CEO retains power - not delegated |
| s 54 |
Power to make application to be registered proprietor |
1 Delegates
|
Applies only where the Council is an 'acquiring authority' as defined in s 53 |
| s 55(3) |
Duty to take possession of any certificate of title, or other document produced to Council on any claim for compensation and to lodge them immediately with the registrar |
1 Delegates
|
Applies only where the Council is an 'acquiring authority' as defined in s 53 |
| s 57(1) |
Duty to lodge notification with the Registrar upon service of notice of intention |
1 Delegates
|
Applies only where the Council is an 'acquiring authority' as defined in s 53 |
| s 57(2) |
Power to withdraw notice of intention to acquire |
1 Delegates
|
Applies only where the Council is an 'acquiring authority' as defined in s 53 |
| s 62(4) |
Function of receiving notice from Registrar of where land is located |
1 Delegates
|
|
| s 73B |
Power to consent to the creation or surrender of the right of carriageway |
1 Delegates
|
Where land is located in Council's municipal district |
| s 88(1B) |
Power to consent to the varying or releasing of a restrictive covenant |
1 Delegates
|
Where land is located in Council's municipal district |
| s 88(2) |
Power to lodge with the Registrar a notification of the acquisition of an easement or any other right over or affecting land |
1 Delegates
|
Applies only where the Council is an 'acquiring authority' as defined in s 53 |
| s 106(1)(b) |
Power to consent to the registration of a dealing or plan |
1 Delegates
|
|
| s 25(1) |
Duty to have regard to the transport system objectives when exercising powers and performing functions under interface legislation which are likely to have a significant impact on the transport system |
1 Delegates
|
|
| s 25(2) |
Duty to have regard to the decision making principles in making decisions under interface legislation* which are likely to have a significant impact on the transport system. |
1 Delegates
|
|
| s 25(3) |
Duty to have regard to applicable specified policy principles |
1 Delegates
|
|
| s 25(4) |
Duty to have regard to applicable specified policy principles |
1 Delegates
|
|
| s 26 |
Power to determine the weight to give to each transport system objective under ss 24 and 25 |
1 Delegates
|
|
| s 27 |
Power to determine the weight to give to each decision making principle under ss 24 and 25 |
1 Delegates
|
|
| s 115F(3) |
Function of collaborating with the Commercial Passenger Vehicle Commission |
1 Delegates
|
|
| s 197B(2) |
Function of receiving notice from regulated bodies |
1 Delegates
|
Where Council is the responsible authority and s 197 applies |
| s 197B(3) |
Duty to meet with representatives from Director of Transport Safety |
1 Delegates
|
Where Council is the responsible authority and s 197 applies |
| s 197D |
Duty to comply with guidelines issued under Act and directions of Secretary or Minister |
1 Delegates
|
|
| s 6(1) |
Duty to give notice of the valuation to be each rating authority interested in the valuation of land in the area for which the valuation is being made |
3 Delegates
|
Where Council is the valuation authority |
| s 6(2) |
Power to require the general valuation prepared by the valuation authority to show items in paragraphs (a) - (c) |
3 Delegates
|
Where Council is a rating authority |
| s 6(3) |
Duty to give notice to valuer-general |
3 Delegates
|
Where Council is the rating authority |
| s 6(4) |
Duty to ensure the valuer-general's request is given effect to |
3 Delegates
|
Where the Council is the valuation authority |
| s 7AB(2) |
Power to adjust the rate or fire services property levy payable retrospectively for any period it considers just |
3 Delegates
|
|
| s 7A(1) |
Power to pay valuer subject to the requirements of this section |
3 Delegates
|
|
| s 7AE(2) |
Duty to comply with an Order in Council requiring the making of a new valuation |
3 Delegates
|
|
| s 7A(2) |
Power to make a payment, irrespective of s 7A(1), if Council satisfies paragraphs (a) and (b) |
3 Delegates
|
|
| s 7B(1) |
Duty to provide valuation to valuer-general within 2 months of date on which the valuation was returned to Council |
3 Delegates
|
|
| s 8AA(1B) |
Duty to pay the valuer-general in accordance with section where Council has requested a supplementary valuation |
3 Delegates
|
|
| s 8AA(2)(a) |
Power to agree the fees in respect of servicing of a valuation |
3 Delegates
|
|
| s 10(1) |
Power to make a nomination to have the power to cause a valuation of all land in its municipal district for a specified year |
2 Delegates
|
|
| s 10(6) |
Power to revoke nomination made under s 10(1) |
2 Delegates
|
|
| s 11 |
Duty to cause a general valuation |
3 Delegates
|
Where Council is the valuation authority |
| s 12 |
Function of causing a valuation of rateable land at the direction of the Minister |
3 Delegates
|
Where Council is the valuation authority |
| s 13DA(1) |
Power to appoint people to carry out valuations |
3 Delegates
|
Where Council is the valuation authority
The person(s) to be appointed must hold the qualifications or experience specified by Minister |
| s 13DC(2) |
Power to use in force valuations in certain circumstances |
3 Delegates
|
|
| s 13DF(3A) |
Power to use supplementary valuation before it is certified to levy or adjust municipal rate or fire services property levy |
3 Delegates
|
|
| s 13DF(5) |
Power to adjust rate or fire services property levy payable retrospectively where supplementary valuation made in circumstance referred to in s 13DF(2)(o) |
3 Delegates
|
|
| s 13DFA(2) |
Function of receiving written certification of supplementary valuation from valuer-general |
3 Delegates
|
|
| s 13DFB(1) |
Power to request valuer-general to carry out a supplementary valuation |
3 Delegates
|
|
| s 13DFB(3) |
Function of receiving the supplementary valuation within 10 business days after the supplementary valuation is returned to the valuer-general |
1 Delegates
|
|
| s 13DG(3) |
Duty to make a valuation of all rateable land where Council has had annexed to its municipal district any area which is not part of a former municipal district. |
3 Delegates
|
Where Council is the valuation authority |
| s 13G(1) |
Power to make a nomination to have the Power to cause a valuation of land specified in s 13G(2) for a specified year |
3 Delegates
|
Where Council is the collection agency |
| s 13G(7) |
Power to revoke nomination made under s 13G(1) |
3 Delegates
|
Where Council is the collection agency |
| s 13H |
Duty to cause a general valuation of non-rateable leviable land to be made, returned to it and provided to the relevant collection agency |
3 Delegates
|
Where Council is the valuation authority |
| s 13I |
Duty to comply with a Ministerial Direction given under s 13I |
3 Delegates
|
Where Council is the collection agency and also the valuation authority |
| s 13J |
Power to appoint people to carry out valuation
|
3 Delegates
|
The person(s) to be appointed must hold qualifications or experience specified by Minister
Applies when Council is making a valuation for the purposes of the Fire Services Property Levy Act 2012 |
| s 13L(4) |
Power to use a supplementary valuation before it is certified by the valuer-general
|
3 Delegates
|
Where Council is the collection agency |
| s 13L(6) |
Power to adjust the fire services property levy payable retrospectively for any period considered just
|
3 Delegates
|
Where Council is the collection agency |
| s 13M(2) |
Function of receiving certification in writing that the valuer-general is satisfied that the supplementary valuation is correct
|
3 Delegates
|
Where Council is the collection agency |
| s 13N(1) |
Power to request the Valuer-General to make a supplementary valuation |
3 Delegates
|
Where Council is the collection agency |
| s 13N(3) |
Function of receiving the supplementary valuation within 10 business days after the supplementary valuation is returned to the valuer-general |
3 Delegates
|
Where Council is the collection agency |
| 13Q(4) |
Power to adjust a rate or fire services property levy |
2 Delegates
|
Provision commences on 1 July 2023, unless proclaimed earlier |
| s 15(3) |
Duty to give notices in paragraphs (a) and (b) if information is received from a valuation authority under s 15(1)(b) as to a general valuation |
3 Delegates
|
Where Council is the rating authority |
| s 20(3) |
Function of receiving objection and written submission where objection is because the value is too low or too high, and the value is not less than the prescribed amount |
3 Delegates
|
Where Council is the valuation authority |
| s 21(2) |
Duty to refer an objection received to the valuation authority |
3 Delegates
|
Where Council is not the valuation authority which made the valuation |
| s 21(2A) |
Duty to refer objection to valuer |
3 Delegates
|
Where Council is the valuation authority |
| s 21(5) |
Function of receiving written notice from the valuer-general of recommendation |
2 Delegates
|
Where Council is the rating authority |
| s 21(6) |
Duty to give effect to the decision of the valuer-general |
3 Delegates
|
Where Council is the rating authority |
| s 22(5) |
Function of receiving copy of application to VCAT for review of valuation decision |
2 Delegates
|
Where Council is the valuation authority |
| s 22(6) |
Duty to forward to principal registrar of VCAT notice of objection and copies of any notices given under s 21 and any information given or submissions lodged under s 20, in relation to objection, within 1 month after being served with copy of objector's application for review under s 22(5) |
2 Delegates
|
Where Council is the valuation authority |
| s 26D(1) |
Function of conferring with the Victorian Environmental Assessment Council |
1 Delegates
|
If affected by the provision of an assessment or advice requested under s 26B |
| s 26D(2) |
Duty to give practicable assistance to the Victorian Environmental Assessment Council in preparing an assessment or advice |
1 Delegates
|
|
| s 10 |
Duty to supply prescribed information to the commission by certain time |
2 Delegates
|
|
| s 34(1) |
Power to apply for registration of a group of persons as a unit of the Service |
1 Delegates
|
|
| s 35(2) |
Power to consult with the Chief Officer of Operations regarding removal of controller of a registered unit from office |
1 Delegates
|
|
| s 10(a) |
Power to provide some, or all, of the specified data to the Chief Data Officer |
4 Delegates
|
If the Chief Data Officer gives a notice under s 8 |
| s 10(b) |
Power not to respond to the request |
2 Delegates
|
If the Chief Data Officer gives a notice under s 8 |
| s 13(a) |
Power to provide some, or all, of the specified data to the Chief Data Officer |
3 Delegates
|
If the Chief Data Officer gives a notice under s 11 |
| s 13(b) |
Power not to respond to the request |
2 Delegates
|
If the Chief Data Officer gives a notice under s 11 |
| s 24(3)(c) |
Function of being informed by the Chief Data Officer, or data analytics body, if the Victorian Data Sharing Act 2017, Privacy and Data Protection Act 2014 or Health Records Act 2001 has been, or is likely to have been, breached in relation to data handled under the Victorian Data Sharing Act while in the control of the Chief Data Officer, or of the data analytics body |
4 Delegates
|
Chief Executive Officer to be informed if the function is exercised |
| s 33(4) |
Duty to have regard to policies or guidelines issued under s 33(1) |
4 Delegates
|
|
| s 28(2) |
Power to enter into agreements or arrangements for use of services with the Victorian Inspectorate |
2 Delegates
|
|
| s 33(2) |
Duty to comply with request by Authority under s 33(1) for information or assistance |
3 Delegates
|
|
| s 34(1) |
Function of consulting with Authority where exercising its Powers likely to affect Council's functions |
4 Delegates
|
|
| s12(1)(a) |
Duty to make any authorisation or permission that may affect the drainage system subject to any conditions required to ensure the conservation of waterways, wetlands and aquifers |
2 Delegates
|
|
| s12(1)(b) |
Power to withhold authorisation or permission until such works are carried out that are required to avoid or lessen any possible adverse effect |
3 Delegates
|
|
| s27(4)(a)(ii) |
Function of receiving notice of a proposed declaration by the Minister that an area will be a water supply protection area
|
4 Delegates
|
|
| s 32H |
Duty to keep copy of approved management plan available for inspection |
2 Delegates
|
|
| s.36(3)(c) |
Function of receiving a copy of an application for the grant of a bulk entitlement if Minister considers the Council is directly affected |
2 Delegates
|
|
| s67A |
Function of receiving a copy of an application under s 67 in respect of a dam |
3 Delegates
|
|
| s 67B |
Duty to advise the Minister of response to application |
3 Delegates
|
|
| s 122ZA(2) |
Function of consenting to Minister's determination under s 122ZA(1)(b) |
3 Delegates
|
|
| s.122ZC |
Power to contribute money to environmental or recreational area for improving or maintaining the area |
1 Delegates
|
|
| s144(2)(c) |
Function of receiving a declaration by an Authority that land will be a serviced property for the purposes of the Act, if likely to be affected |
3 Delegates
|
|
| s152 |
Function of receiving notice of intention to affect works |
3 Delegates
|
|
| s153 |
Function of receiving notice to alter or remove works |
3 Delegates
|
|
| s.165(1) |
Power to require an Authority to fix fire plugs to works |
2 Delegates
|
|
| s165(2) |
Duty to meet costs of providing, installing, marking and maintaining all fire plugs that the Council requires |
2 Delegates
|
|
| s.171D(1) |
Power to require Melbourne Water Corporation to fix fire plugs to works |
1 Delegates
|
|
| s.171D(2) |
Duty to meet costs of providing, installing, marking and maintaining fire plug, where plug is in Council's municipal district |
2 Delegates
|
|
| s.180(1) |
Duty to forward copy application for septic tank permit to Authority |
2 Delegates
|
|
| s180(3) |
Function of receiving any notification of the location of the nearest sewer, the availability of works to service the land and any requirements |
4 Delegates
|
|
| s180(4) |
Duty to comply with any requirement of the Authority in regard to the application |
2 Delegates
|
|
| s180(5) |
Duty to not make a decision within 21 days after the copy is forwarded to the Authority |
2 Delegates
|
|
| s188(3) |
Function of receiving notice of proposed declaration of a waterway if the Council may have an interest in the waterway |
4 Delegates
|
|
| s205(3) |
Function of receiving notice of proposed declaration that an area of land will be liable to flooding or be a floodway area |
2 Delegates
|
|
| s206(1)(b) |
Function of receiving notice that an Order has been published in the Government Gazette |
2 Delegates
|
|
| s206(3) |
Duty to prevent land uses that are inconsistent with any identified flood hazards |
7 Delegates
|
|
| s 208(2) |
Duty to notify Authority of intention to undertake or erect any regulated works or structure before undertaking or erecting the works or structure |
3 Delegates
|
|
| s214(2)(b) |
Duty to be represented on a committee to carry out investigations in relation to water management if the Council is affected |
2 Delegates
|
|
| s.217 |
Power to apply for an order for removal or modification of works |
2 Delegates
|
|
| s218(2)(b)(ii) |
Function of receiving notice of proposed declaration that an area of land will be a drainage course |
1 Delegates
|
|
| s218(7) |
Duty to act in accordance with a management plan approved by the Minister, if the Council has management and control of a drainage course |
1 Delegates
|
|
| s218(8) |
Power to require an owner, occupier or other public statutory body to remove any interferences, carry out any works and maintain any structures, if the Council has the management and control of a drainage course |
1 Delegates
|
Subject to the limitations set out in 218 |
| s218(10) |
Duty to comply with any request by another public statutory body within 1 month |
1 Delegates
|
|
| s218(14) |
Power to enter into and remain on the drainage course for the purpose of doing anything that an owner or occupier failed to do |
1 Delegates
|
|
| s244(7) |
Function of receiving a copy of a community agreement, if land in the area is affected |
1 Delegates
|
|
| s244(8)(b) |
Power to consent to community agreement where it involves the construction of a drain across a road reserve |
1 Delegates
|
|
| s246 |
Power to exercise the powers and perform the Functions of the committee if requested by the committee, where land is affected by a community drainage or salinity mitigation or community water supply scheme |
1 Delegates
|
|
| s263(2) |
Function of receiving a request to arrange for a supplementary valuation to be made |
2 Delegates
|
|
| s 281A(1) |
Power to enter into agreement with Melbourne Water Corporation to collect money owing to Melbourne Water Corporation under the Act |
1 Delegates
|
|
| s 281A(3) |
Duty to collect money owing to Melbourne Water Corporation under the Act, that relates to Council's municipal district |
1 Delegates
|
On the terms and conditions agreed with Melbourne Water Corporation or, in default of agreement, determined by the Essential Services Commission |
| s286(1)(a) |
Duty to contribute to the revenue of the Authority if requested |
1 Delegates
|
Conditions set out in s285 and s286 |
| s287(1)(a) |
Duty to make a special contribution to the revenue of the Authority if requested |
1 Delegates
|
Conditions set out in s285 and s287
CEO retains power - not delegated |
| s 32(2) |
Function of being given a reasonable opportunity to be heard by the panel |
1 Delegates
|
|
| s 40 |
Duty to make Yarra Strategic Plan available to the public |
1 Delegates
|
|
| s 43(1)(a) |
Duty to prepare a report on the implementation of a Yarra Strategic Plan |
1 Delegates
|
|
| s 43(1)(b) |
Duty to provide the report on the implementation of a Yarra Strategic Plan to the lead agency |
1 Delegates
|
|
| r 5(2) |
Power to designate an area liable to flooding |
2 Delegates
|
Where Council is the relevant council |
| r 44 |
Function of receiving documents |
3 Delegates
|
Where Council is the relevant council |
| r 49 |
Duty to keep documents in any manner specified by the Keeper of Public Records until the building is demolished or removed from the allotment |
3 Delegates
|
Where Council is the relevant council |
| r 50 |
Duty to make documents available on request |
3 Delegates
|
Where Council is the relevant council |
| r 51 |
Function of providing information |
3 Delegates
|
Where Council is the relevant council |
| r 73(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 74(4) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 75(4) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 76(4) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 77(3) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 78(6) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 79(6) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 80(6) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 81(6) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 82(5) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 83(3) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 84(9) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 85(3) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 86(3) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 87(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 89(3) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 90(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 91(5) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 92(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 94(6) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant Council |
| r 95(3) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 96(3) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 97(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 109(1) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 109(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 109(3) |
Power to give consent under rr 109(1) or 109(2) |
2 Delegates
|
Where Council is the relevant council
if it considers that the projection of the part of the building beyond the street alignment will not be detrimental to the safety of the public
|
| r 116(4) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 130(1) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant service authority |
| r 132(1) |
Power of providing report and consent |
3 Delegates
|
Where Council is the relevant council |
| r 133(2) |
Power of providing report |
4 Delegates
|
Where Council is the relevant council |
| r 134(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 147L(2) |
Function of receiving an application for registration |
3 Delegates
|
Where Council is the relevant council |
| r 147M(2) |
Function of receiving an application for registration |
3 Delegates
|
Where Council is the relevant council |
| r 147N(2) |
Function of receiving an application for registration |
3 Delegates
|
Where Council is the relevant council |
| r 147O(1) |
Power to give notice |
2 Delegates
|
Where Council is the relevant council |
| r 147Q |
Duty to enter information relating to a swimming pool or spa into Council's register |
3 Delegates
|
Where Council is the relevant council |
| r 147R(1) |
Duty to give notice of the matters in r 147R(1)(a) – (g) |
2 Delegates
|
Where Council is the relevant council |
| r 147R(4) |
Duty to specify a date for the purposes of r 147R(1)(g) |
2 Delegates
|
Where Council is the relevant council |
| r 147R(5) |
Power to specify date |
2 Delegates
|
Where Council is the relevant council |
| r 147S(1) |
Duty to remove from the register the information about the swimming pool or spa set out in r 147J, as soon as practicable, where satisfied that a registered swimming pool or registered spa no longer exists or is no longer capable of containing water to a depth of greater than 300 mm
|
3 Delegates
|
Where Council is the relevant council
|
| r 147S(2) |
Duty to give a notice in writing after removing the information about the swimming pool or spa from the register |
3 Delegates
|
Where Council is the relevant council |
| r 147T(1) |
Duty to determine the date of construction |
2 Delegates
|
Where Council is the relevant council |
| r 147U(1) |
Duty to determine the date of construction |
2 Delegates
|
Where Council is the relevant council |
| r 147V(1) |
Duty of receiving a certificate of compliance |
3 Delegates
|
Where Council is the relevant council |
| r 147V(4) |
Duty to give notice in writing following lodgement of a certificate of pool and spa barrier compliance by the owner
|
3 Delegates
|
Where Council is the relevant council |
| r 147W(1) |
Power to exempt an owner from the requirement under r 147V(1) to lodge a certificate of pool and spa barrier compliance
|
2 Delegates
|
Where Council is the relevant council |
| r 147W(2) |
Duty to give a notice in writing if an owner is exempted under r 147V(1) |
2 Delegates
|
Where Council is the relevant council |
| r 147Z(1) |
Power to extend the period for lodgement of a certificate of pool and spa barrier compliance if satisfied of the criteria in r 147Z(1)(a) – (e) |
2 Delegates
|
Where Council is the relevant council |
| r 147Z(3) |
Duty to give a notice, in writing, to the owner of the land specifying a new due date for the lodgement of a certificate of pool and spa barrier compliance as soon as practicable after that decision is made |
3 Delegates
|
Where Council is the relevant council |
| r 147ZD |
Duty to update the applicable barrier standard on the register to include the applicable barrier standard referred to in the certificate |
3 Delegates
|
Where Council is the relevant council
|
| r 147ZE |
Duty to give a notice, in writing, to the owner as soon as practicable following lodgement of a certificate of pool and spa barrier compliance under r 147ZC |
3 Delegates
|
Where Council is the relevant council
|
| r 147ZJ(3) |
Duty to give a notice, in writing, to the owner of the land on which the swimming pool or spa relating to the barrier is located |
3 Delegates
|
Where Council is the relevant council |
| r 147ZL(1) |
Duty to update the register with details of the name of the new owner of the land as soon as practicable |
3 Delegates
|
Where Council is the relevant council
|
| r 147ZL(2) |
Duty to give a notice, in writing, to the new owner of the land
|
3 Delegates
|
Where Council is the relevant council |
| r 147ZM |
Duty to submit the requested information to the Authority in the form approved by the Authority |
3 Delegates
|
Where Council is the relevant council
|
| r 148 |
Duty to prepare maps |
2 Delegates
|
|
| r 149(1) |
Duty to amend or prepare map for the existing or new designated special area |
2 Delegates
|
Where Council is the relevant council |
| r 149(2) |
Duty to advise the Authority if a designated special area is altered or created |
3 Delegates
|
|
| r 149(3) |
Duty to lodge copies of designated special area maps with the Authority |
3 Delegates
|
Where Council is the relevant council |
| r 149(4) |
Duty to make an up-to-date copy of each designated special area map, applicable to council's municipal district, available to the public for inspection |
3 Delegates
|
|
| r 150 |
Power to designate areas within council's municipal district in which buildings are likely to be subject to attack by termites. |
2 Delegates
|
|
| r 152(1) |
Power to designate areas in council's municipal district that are likely to be subject to significant snowfalls |
2 Delegates
|
For the purposes of the BCA |
| r 153(2) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 153(4) |
Duty not to give consent under r 153(2) if there is likely to be a danger to the life, health or safety of the occupants of the building due to flooding of the site |
2 Delegates
|
Where Council is the relevant council |
| r 153(5) |
Power to specify, council's report, a level for the surface of the lowest floor of a building on the site |
2 Delegates
|
Where Council is the relevant council |
| r 153(6) |
Duty to consult with the floodplain management authority for the site and specify a level in line with r 153(6)(b) requirements |
2 Delegates
|
Where Council is the relevant council |
| r 153(7) |
Duty to, without delay, advise the floodplain management authority and sewerage authority for the site of the floor level (if any) specified under r 153(5) |
4 Delegates
|
Where Council is the relevant council |
| r 154(1) |
Power of providing report and consent |
2 Delegates
|
Where Council is the relevant council |
| r 154(2) |
Power to include, in the report and consent Council provides, recommendations controlling the location and construction of retaining walls and fences in relation to designated land or designated work |
2 Delegates
|
Where Council is the relevant council |
| r 154(3) |
Duty to consult with the waterway management authority for the designated land or designated works before giving consent under r 154(1) |
2 Delegates
|
|
| r 166B(c)(ii) |
Power to approve floor area size greater than 60m2 |
1 Delegates
|
|
| r 166C(1)(a) |
Function of receiving notification from building owner of intention to commence occupying the building as the owner's principal place of residence
|
3 Delegates
|
|
| r 166C(1)(b) |
Function of receiving notification from building owner of the proposed commencement date of that occupation |
3 Delegates
|
|
| r 166C(2) |
Function of receiving notification from building owner of proposed commencement date of occupation |
3 Delegates
|
|
| r 187(2) |
Power of providing report and consent |
3 Delegates
|
Where Council is the relevant council
Subject to r 187(3)
|
| r 202(1) |
Duty to keep the documents relating to occupancy permits in any manner specified by the Keeper of Public Records |
4 Delegates
|
For the purposes of s 75 of the Building Act 1993 |
| r 202(2) |
Duty to keep documents relating to a temporary approval for 3 years after the earlier of the two periods set out in rr 202(2)(a) and 202(2)(b) |
4 Delegates
|
For the purposes of s 75 of the Building Act 1993 |
| r 203 |
Function of receiving documents |
3 Delegates
|
|
| r 205 |
Function of receiving information |
3 Delegates
|
Where Council is the relevant council |
| r 215(3)(c) |
Function of receiving a determination and report under s 120(2)(a) of the Building Act 1993 |
3 Delegates
|
Where Council is the relevant council
If the essential safety measure is required under an emergency order or a building order under Part 8 of the Building Act 1993
|
| r 280(1) |
Power to exempt a Class 10 building that is to be constructed on farm land and used for farming purposes, from all or any of the requirements of these Regulations |
2 Delegates
|
Where Council is the relevant council |
| r 105(3) |
Duty to notify the executive officer of the regional fire prevention committee of the name of the nominee nominated in accordance with r 105(2) |
1 Delegates
|
|
| r 105(8) |
Duty to give written notice to Authority of names and addresses of persons elected as representatives of Council |
1 Delegates
|
|
| r 147(3) |
Function of receiving written notice of intention to discharge firework, Chinese firecrackers or theatrical fireworks |
1 Delegates
|
Does not apply if local law requires a person to give Council greater notice of an intention to discharge fireworks |
| r 147(6) |
Function of receiving written notice of intention to discharge fireworks or firecrackers in or near port waters |
2 Delegates
|
Where Council administers the relevant area of water |
| r 7(1) |
Power to have possession of 'Schedule 4 poisons' that are necessary for immunisation programs coordinated by Council in accordance with the Public Health and Wellbeing Act 2008 |
7 Delegates
|
|
| sch 1 cl 16 |
Function of receiving notice before cutting or removing certain trees |
1 Delegates
|
|
| sch 1 cl 19 |
Function of receiving notice after completion of cutting or removal of the trees |
1 Delegates
|
|
| sch 1 cl 20 |
Power to consult relating to safety of cutting or removal of trees close to an electric line |
1 Delegates
|
|
| sch 1 cl 21(1) |
Power to consult relating to assisting to determine an additional distance that allows for conductor sag and sway |
1 Delegates
|
|
| sch 1 cl 21(3) |
Duty to keep record of the additional distance for at least 5 years |
1 Delegates
|
|
| r 8 |
Duty to report listed information to Attorney-General |
3 Delegates
|
|
| r 11 |
Function of providing certain information as set out in (a)-(h) as requested by an Authority |
1 Delegates
|
|
| r 12 |
Function of providing certain information as set out in (a) - (d) as requested by an Authority |
1 Delegates
|
Where Council is responsible authority |
| r 10 |
Duty to include in the notice of rates and charges the information prescribed |
3 Delegates
|
|
| r 7(2) |
Function of receiving request from member to grant pay instead of long service leave |
3 Delegates
|
|
| r 7(3) |
Duty to pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service |
2 Delegates
|
|
| r 7(5)(a) |
Duty to transfer long service leave entitlement to the other Council with the payment to be transferred under r 19(3) |
2 Delegates
|
|
| r 7(5)(b) |
Duty to pay the public body or special body (as the case requires) an amount equal to one-fortieth of one month's ordinary pay for each completed month of recognised of the member calculated in accordance with these Regulations |
2 Delegates
|
|
| r 7(6)(b) |
Duty to pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service |
2 Delegates
|
If, before the member's termination becomes effective, the member has not taken the whole of the long service leave to which the member is entitled or pay instead of that leave, or deferred the taking of the long service leave entitlement under subregulation (4) |
| r 8(2) |
Power to receive notice in writing from member who ceases employment in any of the circumstances set out under subregulation (1) to elect to take pay instead of all or any part of the long service leave to which the member is entitled |
2 Delegates
|
|
| r 8(3) |
Duty to pay the member one-tenth of 3 months ordinary pay for each year of completed recognised service |
2 Delegates
|
|
| r 8(4)(b) |
Duty to pay member one-tenth of 3 months ordinary pay for each year of completed recognised service |
2 Delegates
|
If a member who ceases employment in any of the circumstances set out under subregulation (1) has not taken the whole of the long service leave to which the member is entitled or pay instead of that leave before their termination or retirement becomes effective |
| r 8(6) |
Duty to pay the member referred to in subregulation (5) one-tenth of 3 months ordinary pay for each year of completed recognised service |
2 Delegates
|
|
| r 8(7)(b)(i) |
Function of approving medical practitioner |
2 Delegates
|
|
| r 9(2) |
Duty to pay the legal personal representative of the member referred to in subregulation (1) (as the case requires) (a) the pay which the member elected to take; and (b) pay instead of any long service leave to which the member was entitled and which the member had not taken, or for which the member has not paid |
2 Delegates
|
|
| r 13(6) |
Power to include, to the extent determined in each particular case by first Council, the whole or any portion of a period of service when the member was absent from duty with the prior or subsequent approval |
2 Delegates
|
|
| r 14(1)(b) |
Duty to grant the member a day off instead of a public holiday |
2 Delegates
|
|
| r 14(2) |
Power to agree on a mutually convenient time with the member |
2 Delegates
|
|
| r 15 |
Power to agree on a mutually convenient time with the member to take all or part of long service leave entitlement |
2 Delegates
|
|
| r 16 |
Power to approve long serve leave entitlement at half the salary for twice the period |
2 Delegates
|
|
| r 17 |
Power to approve a member to engage in any employment for hire or reward while the member is on long service leave |
1 Delegates
|
|
| r 18 |
Duty to provide another Council with any information in its possession which may be required by that other Council for the purposes of these Regulations |
2 Delegates
|
|
| r 19(2) |
Duty to, within 2 months of being informed of the employment, pay to the Council an amount equal to one-fortieth of one month's pay for each completed month of service of the member with Council |
3 Delegates
|
Where Council is the member's former employer |
| r 19(3) |
Duty to, within 2 months of being informed of the employment, pay to the Council an amount equal to one-fortieth of one month's pay for each completed month of service of the member with Council |
3 Delegates
|
Where Council is the member's former employer |
| r 19(4) |
Duty to refund a payment made to it under subregulation (3) |
3 Delegates
|
Where Council is the member's new employer |
| r 20 |
Power to enter into an agreement with an authority, person responsible for an office or Authority referred to in regulation 13(4) regarding transfer of entitlements |
1 Delegates
|
|
| r 5(1) |
Duty to include statements describing the financial resources are in the prescribed form
|
1 Delegates
|
|
| r 5(2) |
Duty to include a statement of capital works in the Financial Plan
|
1 Delegates
|
|
| r 6 |
Duty to include prescribed information in the Financial Plan |
1 Delegates
|
|
| r 7 |
Duty to include the prescribed information in the financial statements included in the budget |
1 Delegates
|
|
| r 8 |
Duty to include other prescribed information in the budget or revised budget |
1 Delegates
|
|
| r 9(2) |
Duty to include the prescribed information in the report of operations |
2 Delegates
|
|
| r 10 |
Duty to include in the report of operations a description of the operations of Council |
1 Delegates
|
|
| r 11 |
Duty to include prescribed information relating to performance results in the performance statements |
1 Delegates
|
|
| r 14 |
Duty to include the prescribed information in financial statements contained in the annual report |
1 Delegates
|
|
| r 375(3)(c)(ii) |
Function to assist in the preparation of an emergency management plan for a major hazard facility |
6 Delegates
|
|
| r 376(c) |
Function to receive a copy of the parts of the emergency plan relating to the off-site consequences of a major incident occurring |
6 Delegates
|
|
| r 379(4)(b) |
Function to review and, if necessary, revise the emergency management plan in relation to the off-site consequences of a major incident occurring |
6 Delegates
|
|
| r 394(1) |
Function to receive information about the safety of a major hazard facility |
6 Delegates
|
|
| r 396 |
Function to be consulted on all matters that could affect the health and safety of members of the local community in the event of a major incident occurring |
6 Delegates
|
|
| r 433(2)(b)(ii) |
Function of assisting in the preparation of an emergency management plan for a prescribed mine |
6 Delegates
|
|
| r 434(b)(ii) |
Function to receive a copy of the emergency plan relating to the off-site consequences of a major incident occurring |
6 Delegates
|
|
| r 19(6) |
Function of receiving a copy of a disease vector control notice |
7 Delegates
|
|
| r 59(4) |
Function of being notified of test results |
7 Delegates
|
|
| r 59(7) |
Function of receiving written notice |
7 Delegates
|
|
| r 98 |
Function of being notified by the Secretary |
7 Delegates
|
|
| r 112(1) |
Power to request information |
7 Delegates
|
|
| r 12(2) |
Power to determine a building to be of cultural heritage significance if one of the circumstances in (2)(a) - (d) exist
|
3 Delegates
|
|
| r 200(2) |
Power to permit drivers of heavy and long vehicles to stop on roads in a built-up area for longer than 1 hour |
2 Delegates
|
|
| r 244C |
Function of consulting with the Head, Transport for Victoria regarding specification of a route or area under r 244C(1) |
2 Delegates
|
|
| r 289(1)(d) |
Power to prohibit drivers riding bicycles or animals on the nature strip |
2 Delegates
|
|
| 79(1)(b) |
Power to authorise staff member to file a charge |
1 Delegates
|
|
| r 5 |
Power to appoint school crossing supervisor |
2 Delegates
|
|
| r 10(1) |
Function of receiving notice, in writing, from the Head, Transport for Victoria if the Head, Transport for Victoria proposes to erect, display, place, remove or alter a traffic control device of a kind referred to in r 9(4)(a) to (f) (a proposal) on a road or road related area that is within the municipal district of the Council
|
2 Delegates
|
Unless the road or road related area forms part of a freeway or arterial road |
| r 10(2) |
Power to disagree, in writing, with the proposal |
2 Delegates
|
|
| r 11(1) |
Power to erect, display, place, remove or alter traffic control devices on roads or road related areas
|
2 Delegates
|
Where Council is a responsible entity |
| r 11(2)(a) |
Power to erect, display, place, remove or alter a minor traffic control device that is for the control of stopping or parking of vehicles in accordance with Part 12 of the Road Safety Road Rules 2017 (Vic)
|
2 Delegates
|
On a road or road related area forming part of an arterial road within Council's municipal district
|
| r 11(2)(b) |
Power to erect, display, place, remove or alter a traffic control device that is associated with a children's crossing
|
2 Delegates
|
|
| r 11(2)(c) |
Power to erect, display, place, remove or alter a traffic control device installed in accordance with r 15 |
2 Delegates
|
|
| r 11(2)(d) |
Power to erect, display, place, remove or alter any other minor traffic control device or a major traffic control device
|
2 Delegates
|
With the authorisation of the Head, Transport for Victoria Subject to r 11(3) |
| r 11(4) |
Duty to alter the minor traffic control device to remove the inconsistency or remove the minor traffic control device |
3 Delegates
|
If a minor traffic control device referred to in r 11(2)(a) is inconsistent with a major traffic control device located on the same length of road
|
| r 12(1)(d) |
Power to authorise an authorised works manager, or a person acting on behalf of an authorised works manager, to erect, display, place, remove or alter any other minor traffic control device |
2 Delegates
|
Where Council is the coordinating road authority for that road or road related area
Note: see r 23(b) |
| r 13(1)(f) |
Power to authorise a person, to whom a coordinating road authority has issued a permit under section 99B of the Road Safety Act 1986 (Vic) to conduct a nonroad activity, to erect, display, place, remove or alter any other minor traffic control device |
2 Delegates
|
Where Council is the coordinating road authority for that road or road related area
Note: see r 23(b) |
| r 18(1)(b) |
Power to authorise a person to erect, display, place, remove or alter traffic control devices |
2 Delegates
|
Where Council is the coordinating road authority
Note: see r 23(b)
|
| r 27 |
Power to permit, in writing, a person to drive a vehicle on a road in an organised procession (other than a funeral procession) or a parade |
2 Delegates
|
Where Council is the coordinating road authority for that road |
| r 30(4) |
Power to approve, in writing, a police-controlled rolling road closure |
2 Delegates
|
Where Council is the coordinating road authority |
| r 32(2)(d)(ii) |
Power to approve a highway collection being conducted |
2 Delegates
|
|
| r 34(1) |
Function of receiving an application for a permit under s 99B of the Road Safety Act 1986 (Vic) from a person intending to conduct a non-road activity on a highway |
2 Delegates
|
Where Council is the coordinating road authority |
| r 34(4) |
Power to reduce, waive or refund the fee for a permit |
1 Delegates
|
Where Council is a coordinating road authority
If there are special circumstances that justify the reduction, waiver or refund of the fee |
| r 122(3) |
Power to enter into an agreement with Secretary to provide extracts for fees |
1 Delegates
|
CEO retains power - not delegated |
| r 9 |
Power to fix a fee for considering an engineering plan submitted under s 15 of the Subdivision Act 1988
|
3 Delegates
|
|
| r 12 |
Power to waive or rebate the payment of a fee payable under the Subdivision Act 1988 |
2 Delegates
|
In consultation with MAES |
| r 13 |
Duty to record reasons for waiving or rebating payment of a fee under r 12 in writing |
2 Delegates
|
In consultation with MAES |
| r 11 |
Duty to give the applicant the street address and lot location of each plot on the plan |
4 Delegates
|
|
| r 14(a) |
Duty to provide the referral authority with a copy of the application and certain details |
5 Delegates
|
|
| r 14(b) |
Duty to provide the applicant with a copy of the application and certain details |
5 Delegates
|
|
| r 19(1) |
Duty to send the referral authority notice of revised time for consideration of the plan, when sending a copy of altered plan under s 10(5) of Subdivision Act 1988 |
5 Delegates
|
|
| r 19(3) |
Duty to send the applicant notice of revised time for consideration of the plan when altered plan is sent to a referral authority under s 10(5) of Subdivision Act 1988 |
5 Delegates
|
|
| r 23(a) |
Duty to provide the referral authority with a copy of the plan and certain details, when referring an application to amend a certified plan under s 11(2) of Subdivision Act 1988 |
5 Delegates
|
|
| r 23(b) |
Duty to provide the applicant with a copy of the application and certain details, when referring an application to amend a certified plan under s 11(2) of Subdivision Act 1988
|
5 Delegates
|
|
| r 29 |
Duty to provide the applicant with the amended street address and lot location of each lot on amended plan or new plan |
5 Delegates
|
In circumstances described in r 29 |
| r 33(1) |
Duty to maintain a register of applications |
2 Delegates
|
May be kept in conjunction with register of permit applications kept under s 49(1) of the Planning and Environment Act 1987 |
| r 33(4) |
Duty to make the register available for inspection |
5 Delegates
|
|
| r 36(4) |
Duty to send notice of refusal where Council refuses to issue a statement of compliance under s 21 of Subdivision Act 1988 |
5 Delegates
|
|
| r 20 |
Function of being advised by Registrar of any amendments made to any certified plan under s 22(2)(a) of Subdivision Act 1988 |
2 Delegates
|
|
| Section A - Finance Issues |
Power to sign and issue Council order forms for purchase of goods, services and works and to enter into contracts for provision of goods, services and works to the Council |
42 Delegates
|
Within specified financial delegations |
| Section A - Finance Issues |
Power to authorise payment of wages, salaries, related payments. |
3 Delegates
|
|
| Section A - Finance Issues |
Power to authorise payment of Councillor and Mayoral allowances |
3 Delegates
|
Within the amount of allowance as determined by Council the Victorian Independent Remuneration Tribunal in accordance with s 7439 of the Local Government Act 1989 2020
In accordance with s 39(6) of the Local Government Act 2020, s 74 of the Local Government Act 1989 continues to apply in respect of allowances payable to Mayors, Deputy Mayors and Councillors until the first Determination made by the Victorian Independent Remuneration Tribunal in accordance with s 39(6) of the Local Government Act 2020
|
| Section A - Finance Issues |
Power to open bank accounts in Council's name |
2 Delegates
|
MFS to have written agreement with GMCS prior to opening account.
GMCS to have written agreement with CEO prior to opening account |
| Section A - Finance Issues |
Power to approve invoices and accounts for payment. Budget items - e.g. super. |
3 Delegates
|
Accounts payable staff to confirm receipt of goods/ services and arithmetic accuracy. Matter to be referred to CEO or MFS if not contained within budget. |
| Section A - Finance Issues |
Power to authorise enforcement of overdue debts |
2 Delegates
|
|
| Section A - Finance Issues |
Power to appoint collection agency |
2 Delegates
|
|
| Section A - Finance Issues |
Power to approve contract variations |
2 Delegates
|
Any variation not contained within budget to be reported to CEO. |
| Section A - Finance Issues |
Power to amend or vary agreements |
1 Delegates
|
|
| Section A - Finance Issues |
Power to sign cheques |
1 Delegates
|
|
| Section A - Finance Issues |
Power to authorise Petty Cash |
1 Delegates
|
|
| Section A - Finance Issues |
Power to issue credit cards to staff |
1 Delegates
|
CEO retains power - not delegated |
| Section A - Finance Issues |
Power to authorise calling of invitations for expressions of interest or tenders for works, services and equipment. |
1 Delegates
|
|
| Section A - Finance Issues |
Power to authorise to sign contracts of sale and vendor statements for land approved for sale. |
1 Delegates
|
CEO retains power - not delegated |
| Section A - Finance Issues |
Power to sign contracts of sale for the approved acquisition of Real Estate (see 2A). |
1 Delegates
|
|
| Section A - Finance Issues |
Power to authorise the order, release, refund, or return of securities, bank guarantees and bonds, relating to property transactions only. |
2 Delegates
|
|
| Section A - Finance Issues |
Power to authorise progress payments. |
3 Delegates
|
Variations are to be approved by an officer with financial delegation relevant to amended contract sum arising from the delegation.. |
| Section A - Finance Issues |
Power to authorise payment of contract variations. |
2 Delegates
|
|
| Section A - Finance Issues |
Power to determine fees and charges. |
1 Delegates
|
CEO retains power - not delegated |
| Section A - Finance Issues |
Power to authorise the sale or disposal of assets other than land. |
1 Delegates
|
Following any necessary statutory procedures being completed
CEO retains power - not delegated |
| Section A - Finance Issues |
Power to write off bad debts |
3 Delegates
|
|
| Section A – Finance Issues |
Power to approve electronic payments and transfers |
6 Delegates
|
|
| Section B - Building Issues |
Power to determine fees required under cl 1(c)(i) of sch 2, ss 18, 42 and 54 of the Building Act 1993 for building permit, application for an occupancy permit (building work), application for an occupancy permit (places of public entertainment) and under rr 147P(3), 147X and 147ZJ of the Building Regulations 2018 in relation to swimming pool or spa barriers. |
2 Delegates
|
|
| Section B - Building Issues |
Power to determine fees payable, person responsible for payment of fees and method of payment and recovery of fees for any application, approval, permit, consent, referral, request, information, inspection, consultation, advice, report, the keeping of documents and records or other function, service or work performed or provided under the Building Act 1993, Building Regulations 2018 or for the purposes of any other building control or related function of the Council by the Council or its delegate or any member of staff of the Council. |
2 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to appoint agent, and enter into agency agreement, for the purposes of s108 of the Local Government Act 2020 |
1 Delegates
|
CEO retains power - not delegated |
| Section C - Miscellaneous Issues |
Power to obtain legal opinions and instruct external legal providers |
5 Delegates
|
Where estimate cost is up to $5,000 authority for expenditure above $5,000 to be approved by CEO/GM |
| Section C - Miscellaneous Issues |
Power to approve legal costs |
5 Delegates
|
Where estimate cost is up to $5,000 authority for expenditure above $5,000 to be approved by CEO/GM |
| Section C - Miscellaneous Issues |
Power to make "ex gratia" settlement of insurance claims. |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to manage processing of insurance claims. |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to execute funding and service agreements with other levels of government. |
1 Delegates
|
In accordance with Financial Delegations |
| Section C - Miscellaneous Issues |
Power to execute applications for government grants. |
1 Delegates
|
In accordance with Financial Delegation. CEO retains power - not delegated |
| Section C - Miscellaneous Issues |
Power to determine suitability and value of "in kind" local contributions toward $ for $ capital works. |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to assess and determine applications for HACC services. |
3 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to grant approval for storage or sale of liquor on Council premises. |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to make seasonal and casual allocation of sporting grounds. |
2 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to enter into agreements for voluntary or not-for-profit organisation to use Council facilities |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to make statements to the press |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to make a decision relating to the conduct of a proceeding before the Victorian Civil and Administrative Tribunal, including a decision to settle the proceeding |
2 Delegates
|
Where Council is a party to a proceeding at the Victorian Civil and Administrative Tribunal |
| Section C – Miscellaneous Issues |
Power to enter into or vary a lease or licence of vehicles |
1 Delegates
|
#Insert any financial limitation
Financial limit - $150,000 (inclusive of GST). Includes credit card with $5,000 limit |
| Section C – Miscellaneous Issues |
Power to enter into or vary a lease or licence of equipment |
1 Delegates
|
#Insert any financial limitation
Financial limit - $150,000 (inclusive of GST). Includes credit card with $5,000 limit |
| Section C - Miscellaneous Issues |
Power to give authority to make statements to the press |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to authorise the issue of media releases |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to authorise access to Council files and documents |
3 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to sign correspondence |
3 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to enter into a licence for the occupation or use of property |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to make a decision relating to the conduct of a proceeding before Court, including a decision to settle the proceeding |
1 Delegates
|
Where Council is a party to a proceeding at the Victorian Civil and Administrative Tribunal |
| Section C - Miscellaneous Issues |
Power to approve litigation settlement amounts |
1 Delegates
|
up to ## insert amount##
up to $5,000. Above $5,000 to be approved by CEO. |
| Section C - Miscellaneous Issues |
Power to appeal a decision of the Victorian Civil and Administrative Tribunal or Court |
1 Delegates
|
CEO retains power - not delegated |
| Section C - Miscellaneous Issues |
Duty to administer a competition and consumer protection compliance program |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Duty to administer a privacy compliance program |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to authorise entertainment expenses |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to authorise publication on the internet |
3 Delegates
|
Within areas of responsibility. |
| Section C - Miscellaneous Issues |
Power to authorise publication on the Intranet |
3 Delegates
|
Within areas of responsibility. |
| Section C - Miscellaneous Issues |
Power to make or authorise the making of submissions to external bodies |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to approve arrangements having important public relations aspect (e.g. opening ceremony for new facilities) |
2 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to authorise expenditure on advertising and media |
3 Delegates
|
Within areas of responsibility. |
| Section C - Miscellaneous Issues |
Power to give permission to publish any document or publication |
3 Delegates
|
Within areas of responsibility. |
| Section C - Miscellaneous Issues |
Power to authorise allocation or changeover of garbage bins |
4 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to serve statements under the Land Acquisition and Compensation Act 1986 |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to sign transfer-related documentation under the Duties Act 2000 |
3 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to authorise the release of deposit moneys under the Sale of Land Act 1962 |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to serve statutory notices in relation to land owned or managed by Council |
1 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to request a Minister or Secretary to appoint a Council officer to be an authorised officer or authorised for a particular purpose under an Act |
1 Delegates
|
CEO retains power - not delegated |
| Section C - Miscellaneous Issues |
Function of lodging claims for Natural Disaster Financial Assistance and liaising with the Department of Treasury and Finance regarding claims |
2 Delegates
|
|
| Section C - Miscellaneous Issues |
Power to acquire or dispose of an interest in land other than the fee simple |
1 Delegates
|
#Insert any financial limitation
Financial limit - $150,000 (inclusive of GST). Includes credit card with $5,000 limit |
| Section C – Miscellaneous Issues |
Power to enter into or vary a lease or licence where Council is the lessor or licensor |
1 Delegates
|
|
| Section C – Miscellaneous Issues |
Power to review and determine rents under rent review provisions of leases and licences |
1 Delegates
|
|
| Section C – Miscellaneous Issues |
Power to approve urgent repairs to buildings and equipment owned by Council (including replacement of equipment) |
1 Delegates
|
#Insert any financial limitation |
| Section C – Miscellaneous Issues |
Power to purchase or dispose of equipment and other fixed assets |
1 Delegates
|
#Insert any financial limitation
Financial limit - $150,000 (inclusive of GST). Includes credit card with $5,000 limit |
| Section C – Miscellaneous Issues |
Power to approve the purchase or hire of vehicles |
1 Delegates
|
#Insert any financial limitation
Financial limit - $150,000 (inclusive of GST). Includes credit card with $5,000 limit |
| Section C – Miscellaneous Issues |
Power to use credit cards |
1 Delegates
|
#Insert any financial limitation
As per Delegated Financial limits - credit card Conditions and Limitations |
| Section C - Miscellaneous Issues |
Power to approve sponsorships and charitable donations |
1 Delegates
|
#Insert any financial limitation
Financial limit - $150,000 (inclusive of GST). Includes credit card with $5,000 limit |
| Section C - Miscellaneous Issues |
Power to verify identity for the purposes of property and land use matters |
1 Delegates
|
#Insert any financial limitation
Financial limit - $150,000 (inclusive of GST). Includes credit card with $5,000 limit |