1Short title
This Act may be cited as the Municipal Association Act 1907[1].
S. 2 amended by No. 6742 s. 2, substituted by No. 8090 s. 2.
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This Act may be cited as the Municipal Association Act 1907[1].
S. 2 amended by No. 6742 s. 2, substituted by No. 8090 s. 2.
The Municipal Association of Victoria (hereinafter called the Association) shall be a body corporate and by that name shall have perpetual succession and a common seal and shall be capable in law of suing and being sued.
S. 2(2) amended by No. 12/1989 s. 4(1)(Sch. 2 item 82.1).
Each council in Victoria from time to time may appoint a councillor to be the representative of such council and the representatives so appointed shall constitute the Association.
The Association shall have power—
to compound or prove in any court of competent jurisdiction all debts or sums of money due to the Association;
to purchase take hold sell lease take on lease exchange or dispose of land or any real or personal property;
to erect buildings on any land acquired by the Association, to alter buildings thereon, or to demolish buildings thereon and erect new buildings in their place whether such buildings or any part or parts thereof are intended for use or occupation by the Association or for leasing;
to lease any buildings the property of the Association or any part or parts thereof on such terms and conditions as the Association thinks fit;
to purchase rent hire or otherwise make provision for the use of furniture or fittings and business equipment or services;
S. 2(3)(ea) inserted by No. 43/1993 s. 23.
to establish and manage a mutual liability insurance scheme for the purpose of providing public liability and professional indemnity insurance;
S. 2(3)(f) amended by No. 9866 s. 2(a).
subject to the making of sufficient provision for meeting liabilities and expenses to use any moneys under its control other than any money required to be paid into the Local Government Investment Service Fund pursuant to section 15 in purchasing or financing the purchasing of property and may borrow moneys, whether with or without security, for the purchase of any such property; and
S. 2(3)(g) inserted by No. 9866 s. 2(b).
to do all things necessary or convenient to be done for or in connexion with the operation of the Local Government Investment Service Fund.
The rules of the Association in force at the commencement of this Act except in so far as the same are inconsistent with any of the provisions of this or any other Act shall be the rules of the Association until revoked or altered by rules made pursuant to this Act.
It shall be competent for the Association with the approval of the Governor in Council to make rules (a) for the management of the association; (b) for the regulation of its proceedings; (c) for fixing the amount of the subscription to be paid annually to the Association by each municipality; (d) for the regulation and management of and for fixing the rate of contributions to the Municipal Officers Fidelity Guarantee Fund and terms and conditions upon which the benefit of such fund shall be available; and (e) generally for all matters whatsoever affecting the management of the Association not inconsistent with the laws of Victoria.
S. 4 amended by No. 7609 s. 2.
It shall be lawful for the Association to establish a Municipal Officers Fidelity Guarantee Fund.
S. 5 amended by Nos 4182 s. 2(a), 6742 s. 3(1), 7609 s. 3(a)(b).
S. 5(1) amended by Nos 8090 s. 3, 8967 s. 10(a), 9895 s. 2(1) (Sch. 1 item 1(a)(i)(ii)), 12/1989 s. 4(1)(Sch. 2 item 82.2), 81/1989 s. 3(Sch. item 36.1).
Any council any Authority under the Water Act 1989 or any corresponding previous enactments or other body constituted under any Act for any public or local governing purpose or any Weights and Measurers Union may contribute to the said fund such sum as shall be fixed by the Association as a premium or consideration for the guarantee of such council Board authority or union against all or any loss which may be occasioned by the dishonesty of any person in its employment and on the acceptance of such sum the Association upon such terms and conditions as may be determined shall enter into an agreement to pay out of the said fund all or any loss sustained by such council Board authority or union by reason or in consequence of the dishonesty of such person as shall amount to a criminal act or acts.
S. 5(2) repealed by No. 7609 s. 3(b).
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S. 6 amended by Nos 8090 s. 4(a)–(c), 9895 s. 2(1)(Sch. 1 item 1(b)), 12/1989 s. 4(1)(Sch. 2 item 82.3).
The amount to be so contributed by any council Board authority or union may from time to time be altered to such amount as in the opinion of the Association will be sufficient to maintain the fund at a sufficient level for making provision for all liabilities and expenses in respect of the fund.
S. 7 amended by Nos 9895 s. 2(1)(Sch. 1 item 1(b)), 12/1989 s. 4(1)(Sch. 2 item 82.4).
In the event of the amount to the credit of the fund being at any time insufficient to pay all liabilities and expenses in respect thereof every council Board authority or union which at such time is contributing to the fund shall pro rata to the amount of its contribution pay to the Association such amount as may be necessary to enable the Association to pay such liabilities and expenses.
S. 8 amended by Nos 9895 s. 2(1)(Sch. 1 item 1(b)(c)), 12/1989 s. 4(1)(Sch. 2 items 82.5, 82.6).
If the Association at any time determines to discontinue such fund the amount which after payment of all liabilities and expenses shall be to the credit thereof shall be divided amongst the councils Boards authorities and unions which at such time are contributing to the fund, and the sum payable to each such council Board authority or union shall be pro rata to the sums contributed by each of them respectively during the five years next preceding such discontinuance.
S. 9 amended by Nos 9895 s. 2(1)(Sch. 1 item 1(b)), 12/1989 s. 4(1)(Sch. 2 item 82.7).
The amount for which any council Board authority or union is liable to the Association shall be paid within one month after a written notice specifying the amount payable and signed by the secretary of the Association has been delivered or sent by post to the clerk of secretary of such council Board authority or union.
S. 9A inserted by No. 43/1993 s. 24.
The Association may distribute any surplus existing in the fund from time to time amongst contributors pro rata with contributions made by the contributors in the period of 5 years immediately preceding the distribution.
Nos 1893, 2016, 1158.
S. 10 amended by Nos 4182 s. 2(b), 4712 s. 3(1), 6742 s. 3(2), 8090 s. 5, 12/1989 s. 4(1)(Sch. 2 item 82.8), 81/1989 s. 3(Sch. item 36.2), 74/2000 s. 3(Sch. 1 items 84.1, 84.2), 9/2020 s. 390(Sch. 1 item 72.1).
A guarantee obtained under the provisions of this Act shall to the extent of the sum thereby guaranteed be deemed to be a compliance with the provisions of the Local Government Act 2020 or of any other relevant Act or enactment relating to fidelity guarantee of officers or employees of any such authority.
S. 10A inserted by No. 7176 s. 2, repealed by No. 8090 s. 6.
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S. 10B inserted by No. 7245 s. 10, amended by Nos 7411 s. 2(2), 8090 s. 7(a)(b), 8168 s. 9.
The Association may for such premium as it determines issues to—
S. 10B(az) inserted by No. 8090 s. 7(a), amended by No. 12/1989 s. 4(1)(Sch. 2 item 82.9), repealed by No. 81/1989 s. 3(Sch. item 36.3).
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S. 10B(a) substituted by No. 81/1989 s. 3(Sch. item 36.3).
a councillor of a municipality; or
S. 10B(b) substituted by No. 81/1989 s. 3(Sch. item 36.3).
a member of an Authority under the Water Act 1989; or
S. 10B(c) substituted by No. 81/1989 s. 3(Sch. item 36.3).
a member of the Melbourne and Metropolitan Board of Works—
S. 10B(ca)–10B(i) repealed.[2]
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a policy of accident insurance insuring him against accidents which arise out of or in the course of the performance of his functions as a councillor, commissioner or member or of his travelling by a reasonably direct route between his place of residence and any other place where the travelling is undertaken solely for the purpose of his performing any such function at that other place and may to the extent that it thinks fit re-insure any risk under the policy.
S. 10C inserted by No. 7609 s. 4, substituted by No. 9/2002 s. 3(Sch. item 12).
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