Local law requirements
72 Local law requirements
The local law requirements are as follows—
a local law must not be inconsistent with any Act (including the Charter of Human Rights and Responsibilities Act 2006) or regulations;
Note to s. 72(a) inserted by No. 7/2022 s. 33.
Note
See, for example, section 3 of the Sex Work Decriminalisation Act 2022.
a local law must not duplicate or be inconsistent with a planning scheme that is in force in the municipal district;
a local law for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles;
a local law must not exceed the power to make local laws conferred by this Act or any other authorising Act;
a local law must be consistent with the objectives of this Act or any other authorising Act;
a local law must be expressed as clearly and unambiguously as is reasonably possible;
unless there is clear and express power to do so under this Act or any other authorising Act, a local law must not—
seek to have a retrospective effect; or
impose any tax, fee, fine, imprisonment or other penalty; or
authorise the sub-delegation of powers delegated under the local law;
a local law must comply with any details prescribed in the regulations relating to the preparation and content of local laws.
This provision refers to the regulations (prescribed in the regulations
). Made under this Act:
- City of Melbourne (Electoral) Regulations 2022 · under sections 325 and 326
- Local Government (Electoral) Regulations 2020 · under sections 325 and 326
- Local Government (Governance and Integrity) Regulations 2020 · under section 325
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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