Local Law No. 3 - Conduct at Meetings & Common Seal

Shire Council Offices building at Beechworth

Overview

The purpose of this Local Law is to:

  1. revoke Council's "Local Law No. 3 — Meeting Procedures and Common Seal ";
  2. create offences with respect to conduct at Meetings; and
  3. regulate and control the use of the Common Seal. 

Offences

It is an offence for:

  1. any person to make any comment, question or remark that is defamatory, indecent, abusive, offensive, disorderly, or objectionable in language, substance or nature;
    Penalty: 5 Penalty Units
  2. any person who has been directed by the Chairperson to withdraw any comment, question or remark that is defamatory, indecent, abusive, offensive, disorderly, or objectionable in language, substance or nature to fail to do so immediately without qualification or explanation; Penalty: 5 Penalty Units
  3. any person to bring into a Meeting, or to fail to remove from a Meeting when directed to do so by the Chairperson, any object or material that the Chairperson determines is objectionable or disrespectful in form or content;
    Penalty: 5 Penalty Units
  4. to display any placards, posters, or other material in the Chamber, or in any building where a Council meeting or meeting of a committee of Council is being held, or is about to be held, other than outside the entrance to the building and then, only if the person, placard or poster, does not obstruct the entrance to the building or disrupt the meeting.
    Penalty: 5 Penalty Units
  5. any person other than a Councillor or Officer to interject in, or otherwise attempt to take part in, the Meeting, unless otherwise permitted by the Meeting;
    Penalty: 5 Penalty Units
  6. a Councillor to fail to leave a Meeting when directed to do so by the Chairperson;
    Penalty: 5 Penalty Units
  7. any person other than a Councillor who has been directed at least once by the Chairperson to stop any conduct which the Chairperson considers to be disorderly or otherwise disruptive, not to leave the Chamber when directed by the Chair to do so; and
    Penalty: 5 Penalty Units
  8. any person to record a Meeting without the permission of the Chief Executive Officer;
    Penalty: 5 Penalty Units
  9. any person to record a Meeting other than in accordance with the requirements of the Governance Rules and the Chief Executive Officer; Penalty: 5 Penalty Units
  10. to fail to comply with a direction of the Chair with respect to the conduct of the Meeting; and
    Penalty: 5 Penalty Units
  11. any person to use the Common Seal or any device resembling the Common Seal other than in accordance with this Local Law.
    Penalty: 15 Penalty Units

Common Seal

Council's Common Seal

  1. The Common Seal must be affixed to a document only for the purpose of:
    1. giving effect to a decision which has been made by:
      1. Council resolution; or
      2. the Chief Executive Officer under delegation; or
    2. to seal any agreement required to be made under section 173 of the Planning and Environment Act 1987.
    3. The Chief Executive Officer must:
      1. ensure the security of the Common Seal at all times; and
      2. maintain a register of documents to which the Common Seal has been affixed.
    4. subject to the clause below, every document to which the Common Seal is affixed must be signed by two Councillors and the Chief Executive Officer.
    5. Where a document to which the Common Seal is to be affixed is a document in which the Chief Executive Officer has an interest, the Common Seal is to be affixed, and the document signed, by two Councillors and such other Director authorised by Council resolution for the purpose, either generally or in a particular case. 

Infringements

Infringement Notices

  1. Where an Authorised Office has reason to believe that a person is guilty of an offence or offences against this Local Law, the Authorised Officer may serve on that person an Infringement Notice an an alternative to prosecution
  2. The penalty fixed for an Infringement Notice issued under this Local Law is 1.5 Penalty Units
  3. Infringement Notices are to be served in accordance with the Infringement Act 2006

View or download

Local Law No. 3 - Conduct at Meetings and Common Seal(PDF, 2MB)

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