No. 4629.

An Act to amend the Law relating to Local Government.

[22nd December, 1938.]

BE it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative

Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Local Government cSrSor, Act 1938 and shall be read and construed as one with the and cltat,on-L.ocal Government Act 1928 (hereinafter called the Principal ssUssw,

• • 3010 3985

Act) and any Act amending the same all of which Acts and 4020! 408i! • . 4153 4161

this Act may be cited together as the Local Government 4217; 4250; A . J ° 4279, 4290, ActS. 4322, 4329,

4303, 4388, 4391, 4470,

2 . In sub-paragraph (ii) of paragraph (/) of sub-section 4505! wk (2) of section thirty-six of the Principal Act as re-enacted £^2™^? by sub-section (1) of section seven of the Local Government ly^^n Act 1934 for the words "setting out the request" there 8-7(1>-shall be substituted the words " setting out the substance ofunotico°of

» . , . , , ° requests for

01 the request . constitution * &c. of

municipalities.

3 . At

824

Amendment of No. 3720 a. 51 as amended by No. 4279 8.17(1). Qualification of councillors.

3 GEO. VI.] Local Government. [No. 4629

3 . At the end of sub-section (1) of section fifty-one of the Principal Act as amended by any Act there shall be inserted the following words:—

"Every person who is the owner of rateable property in the municipal district whether consisting of one or more tenements of the rateable value of Twenty pounds at the least".

Non-payment of rates no disqualification from voting.

Consequential amendments of Nos. 37520, 3000, 4350. Schedule.

Amendment of No. :$720 B.134.

Hour for closing poll in certain municipalities.

4 . (1) No person shall be disqualified from being enrolled upon the municipal roll of any municipality by reason only of non-payment of rates.

(2) The Acts specified in the Schedule to this Act to the extent to which the same are in and by the said Schedule expressed to be amended are hereby amended accordingly.

5. For sub-section (3) of section one hundred and thirty-four of the Principal Act there shall be substituted the following sub-section :—

" (3) In the case of the municipalities of Ballaarat, Bendigo, Box Hill, Brighton, Brunswick, Camberwell, Caulfield, Chelsea, Coburg, Collingwood, Essendon, Fitzroy, Footscray, Geelong, Geelong West, Hawthorn, Heidelberg, Kew, Malvern, Melbourne, Moorabbin, Mordialloc, Northcote, Oakleigh, Port Melbourne, Prahran, Preston, Richmond, Sandringham, South Melbourne, St. Kilda, and Williamstown the hour for closing the poll shall be eight o'clock in the afternoon."

Amendment of No. 3720 s. 148(1) as amended by No. 4329 s. 4 (1) (c). Compulsory voting.

Consequential amendment of No. 3720 8.148, heading; and s. 1 as amended by No. 4329 H. 4 (!)(,/).

Amendment of No. 3720 s. 15C. Proceedings for ouster to be on application by ratepayer.

6. (1) In sub-section (1) of section one hundred and forty-eight of the Principal Act as amended by section four of the Local Government (Preferential Voting) Act 1935 after the words " voting by post" there shall be inserted the words " or to compulsory voting ".

(2) In the heading to section one hundred and forty-eight and in section one of the Principal Act as amended by any Act, after the words " Voting by Post " there shall be inserted the words " and Compulsory Voting."

7. In sub-section (1) of section one hundred and fifty-six of the Principal Act after the word " may " there shall be inserted the words " on the application of any ratepayer of the municipality ".

8. (1) For

3 GEO. VI.] Local Government. [No. 4629 825

8. (1) For sub-section (3) of section one hundred and Amendment of

sixty-three of the Principal Act as amended by any Act 8. 103 (3) as there shall be substituted the following sub-section :— NoC4279 s.y24.

" (3) Except with the consent of and upon such conditions Restriction on

as are approved by the Minister— certain oflkes i n under

(a) no person shall at the same time hold the offices of municipalities. clerk and of surveyor or engineer in any municipality;

(b) no person shall at the same time hold the offices of surveyor or engineer in more municipalities than one; and

(c) no person shall be appointed as a consulting engineer or as a part-time engineer by the council of any municipality."

(2) At the end of paragraph (b) of section one hundred consequential and sixty-four of the Principal Act there shall be inserted— SfwSo". iV

"or (c) Appoints or employs or continues to employ any

person in contravention of the provisions of sub-section (3) of the last preceding section."

9. (1) In paragraph (xviii) of sub-section (1) of section Amen nent f one hundred and ninety-seven of the Principal Act By-iawsasto before " Prohibiting regulating " there shall be inserted the operaffl expression " (a) ".

(2) At the end of the said paragraph (xviii) there shall be inserted the following sub-paragraph :—

" (b) Prohibiting regulating or controlling excavating operations (other than quarrying or blasting operations) and, without restricting the generality of the foregoing provisions of this sub­paragraph—

(i) prohibiting regulating or controlling the carrying on of such excavating operations within the distance prescribed in the by-law from any street road building or land ; or

(ii) requiring in the carrying on of such excavating operations that banks or sides of excavations be sloped down or banked or shored up as prescribed in the by-law:

Provided

826 3 GEO. VI.] Local Government. [No. 4629

Amendment of No. 8720 8.197. By-laws as to parking places.

By-laws requiring information as to identity of persons committing offences against parking Ac. by-laws.

Amendment of No. 3720 s. 198. Power to councils with approval of* Governor in Council to make by-laws regulating buildings, hoardings &c.

Provided that no by-law under the powers conferred by this sub-paragraph shall be made without the approval of the Governor in Council and (save as provided in clauses (i) and (ii) of this sub-paragraph) any by-law prohibiting any operations aforesaid shall not apply to any such operations connected with works commenced before the tenth day of November One thousand nine hundred and thirty-eight."

10 . (1) In sub-paragraph (iii) of paragraph (a) of sub­section (7) of section one hundred and ninety-seven of the Principal Act after the words " during which " there shall be inserted the words " and the period of time for which ".

(2) To the purposes for which by-laws for any municipality (including the cities of Melbourne and Geelong) may be made under sub-section (1) of section one hundred and ninety-seven of the Principal Act there shall (without affecting the generality of the said section or of section twenty-six of the- Local Government Act 1934) be added the following :—

Requiring the owner or person apparently in control of any motor car or other vehicle left standing (whether unattended or not) in any street or road to give information with respect to any person (other than the said owner or person apparently in control) who is or was the driver of such motor car or vehicle which may lead to the identification of any person who is leaving or has left such motor car or vehicle so standing in contravention of any by-law.

1 1 . (1) Section one hundred and ninety-eight of the Principal Act is hereby amended as follows:—

(a) For paragraph (a) of sub-section (1) there shall be substituted the following paragraph:—

" (a) Regulating restricting restraining or prohibiting the erection construction use occupation conversion and alteration of and any addition to buildings or erections and regulating restraining or prohibiting the erection and construction of hoardings or of fences abutting on or within ten feet of any street or road " ;

(6) For

3 GEO. VL] Local Government. [No. 4629 827

(b) For sub-section (5) there shall be substituted the following sub-section:—

" (5) In this section' dwelling-house' includes— (a) any portion of a building used or

intended to be used or adapted to be used or designed for use as a separate dwelling; and

(b) any building used or intended to be used or adapted to be used or designed for use as two or more separate dwellings".

(2) In section one hundred and ninety-nine of and in consequential sub-clause (1) of clause one of the Fourteenth Schedule to SPN STSO the Principal Act for the words " for regulating and poSteSth restraining the erection and construction of buildings Schedule-erections or hoardings" there shall be substituted the words " for regulating restricting restraining or prohibiting the erection construction use occupation conversion and alteration of and any addition to buildings or erections or regulating restraining or prohibiting the erection and construction of hoardings."

1 2 . At the end of paragraph (b) of sub-section (3) of Amendment or section two hundred and forty-nine of the Principal Act B.2'40(3)(&). there shall be inserted the words " but shall not be deemed £ <?rtS^b,iHy

(except for the purposes of sanitary rates and charges) J e t . to be rateable property while the same is leased or occupied as railway premises in the occupation of any officer or employe of the Victorian Railways Commissioners or the Board of Land and Works ".

1 3 . (1) Subject to the provisions of the Local Govern­ment Acts, the council of any municipality the municipal district of which is unsubdivided ma^* from time to time as the council sees fit make and levy rates to be called '' extra rates " equally in respect of all rateable property within any one or more areas specified in the requisition hereinafter referred to in the municipal district exclusive of the rest of the municipal district.

(2) No extra rates shall be made or levied in respect of any rateable property in any such area_ except in accordance with the requisition of a majority of the councillors in writing under fcheir hands in the form

and

Extra rates in part of unsubdivided municipal district.

Comp. No. 3720 s. 208.

Extra rate to be made only on requisition. l b . s. 209.

828 3 GEO. VL] Local Government. [No. 4629

No.3720 Seventeenth Schedule as modified.

Application of No. 3720 su. 270-273, Seventeenth Schedule.

and to the effect of the Seventeenth Schedule to the Principal Act as modified for the purposes of this section until one month after such requisition has been delivered to the chairman or clerk of the municipality.

(3) The provisions of sections two hundred and seventy to two hundred and seventy-three of and the Seventeenth Schedule to the Principal Act shall so far as applicable and with such adaptations as are necessary extend and apply for the purposes of this section ; and, in particular, without affecting the generality of the foregoing, the said sections and Schedule shall for the purposes of this section be read and construed—

(a) as if in section two hundred and seventy-one of the Principal Act for the words " within the subdivision or such portion or portions thereof of the municipal district " there were substituted the words " within the area or areas of the municipal district in regard to which the extra rate is leviable " ;

(b) as if in the said section two hundred and seventy-two—

(i) for the words " in any subdivision or any portion or portions thereof of the municipal district" there were sub­stituted the words " in any area or areas of the municipal district in regard to which the extra rate is leviable " ; and

(ii) for the words " in such subdivisions or any portion or portions thereof " there were substituted the words " in such area or areas " ;

(c) as if in the said section two hundred and seventy-three for the words si in the subdivision or any portion or portions thereof" there were sub­stituted the words " in the area or areas " ; and

(d) as if in the said Seventeenth Schedule— (i) the expression " returned for the

riding " were omitted ; and (ii) for the words " above-named riding of the

above-named shire" there were sub­stituted the expression " area {or areas) of the above-named shire hereinafter specified.

(Specify the area or areas) ". (4) In

3 GEO. VI] Local Government. [No. 4629 829

(4) In the Local Government Acts or any other Act construction of any reference to extra rates within the meaning of the eSXf 0

Local Government Acts shall unless the context otherwise Omenta, requires include a reference to extra rates under this section.

1 4 . In paragraph (11) of section three hundred and Amendment of

ninety-one of the Principal Act after the word "recreation" p ^ ^ 3 9 1 ,

there shall be inserted the words " and the providing of w°*kB«;d

. » . - i i ' l i i - i undertakings*

sites tor state schools agricultural schools technical schools district high schools and higher elementary schools".

15 - (1) For the expression "(4) Poll of Ratepayers" fnedw

h8ceac j°r'8

above section four hundred, and sections four hundred to substituted* four hundred and two of the Prmcipal Act as amended by and heading any Act, there shall be substituted the following expression as amended

T . . ° r by Nos. 4279

and sections :— B.47, 4329 8.4.

*'* (4) Poll of Ratepayers and Owners. 400. (1) Within one month after the publication of Submission of

such notice as aforesaid of intention (hereinafter referred borrow to poll

to as the ' proposal') to borrow money not being a andno\Er.B

notice of intention to borrow money to liquidate any previous loan any twenty persons whose names are inscribed on the municipal roll may by writing under their hands delivered to the chairman or clerk of the municipality together with the sum of Twenty pounds demand that the proposal be submitted to a poll of ratepayers and owners.

(2) When any such demand has been made such poll of ratepayers and owners shall be taken upon such proposal on a day to be appointed by the chairman of the municipality not less than twenty nor more than twenty-five clear days after the delivery of such demand or in default of such appointment on the thirtieth day after the delivery of such demand.

(3) The chairman of the municipality shall be the returning officer for the purpose of taking such poll.

(4) The returning officer shall forthwith notify in some newspaper generally circulating in the neighbourhood that on such day a poll will be so taken.

(5) At

3 GEO. VI.] Local Government. [No. 4629

(5) At the taking of such poll ballot-papers in the form of the Twenty-third Schedule hereto or to the like effect shall be used and the returning officer or his deputy or such other person as may be appointed to take the poll shall at the request of any person whose name is on the municipal roll or the owners' roll hereinafter provided for deliver to such person as many of such ballot-papers as the number of votes to which such person appears by such municipal roll and owners' roll to be entitled.

(6) In any subdivided municipal district a copy of the municipal roll shall be provided at each polling booth and every person whose name is on such roll shall receive at one and the same time all the ballot-papers to which by the several subdivisional rolls comprised in such municipal roll he appears to be entitled.

(7) Every voter shall without leaving the booth strike out from any or all of such ballot-papers—

(a) if the voter is in favour of the proposal—the word f No' ; and

(b) if the voter is against the proposal—the word ' Yes '—

and if any voter suffers to remain upon any ballot-paper both such words not struck out or if any voter strikes out both such words from any ballot-paper, such ballot-paper shall be rejected at the close of the poll:

Provided that a ballot-paper shall not be rejected if marked in such a way as to indicate clearly the intention of the voter to record a vote either for or against the proposal.

(8) In case any voter is unable to read or write, the returning officer or his deputy or other person appointed to take the poll if required shall, in view of such one of the scrutineers as such voter may desire, mark such voter's ballot-paper or ballot-papers (as the case may be) in such manner as such voter indicates.

(9) After one of such words has been so struck out the ballot-paper or ballot-papers (as the case may be) shall be forthwith deposited in the ballot-box.

401. (1) The

3 GEO. VI.] Local Government. [No. 4629 831

401. (1) The owners' roll shall— ownera-roii. (a) be compiled by the municipal clerk from the

last rate which by the rate book kept pursuant to this Act appears to have been made for the municipality or from the valuation and return made pursuant to this Act if no rate has been made; and

(6) have enrolled thereon the name of every person who is of the full age of twenty-one years and appears from such rate or valuation and return to be the owner of any rateable property within the municipal district in respect of which some other person is liable to be rated as occupier.

(2) Any person enrolled on the owners' roll shall be entitled to be enrolled for votes according to the following scale:—

(a) In a borough — if such property whether consisting of one or more tenements is rated upon a value of less than Fifty pounds he shall have one vote; upon a value amounting to Fifty pounds and less than One hundred pounds two votes; upon a value amounting to or exceeding One hundred poimds three votes ;

(b) In a shire—if such property whether consisting of one or more tenements is rated upon a value of less than Twenty-five pounds he shall have one vote ; upon a value amounting to Twenty-five pounds and less than Seventy-five pounds two votes; upon a value amounting to or exceeding Seventy-five pounds three votes :

Provided that— (i) no person shall be entitled to be so enrolled

in respect of property of a less annual rateable value than Five pounds unless there is a house upon such property;

(ii) no married woman shall by reason of coverture only be disqualified from being so enrolled or be deemed incapable of exercising any rights with respect to voting at such poll; and

(iii) DO

3 GEO. VI.] Local Government. [No. 4629

(iii) no ' immigrant' within the meaning of the Chinese Act 1928 or any amendment thereof shall be entitled to be so enrolled unless he is a naturalized or natural-born subject of His Majesty:

Provided further that where in the municipality Part XL of the Principal Act or the Rating on Unimproved Values Act 1922 or any corresponding previous enactment has been adopted, and so long as the adoption remains unrescinded, section thirty-nine of the Local Government Act 1934 shall for the purposes of this section be read and construed as if for any reference therein to section seventy-one of the Principal Act there were substituted a reference to this section.

(3) When a corporation is the owner of any such rateable property as aforesaid in any municipal district such corporation may by writing under its common seal delivered to the municipal clerk within seven days after the delivery of the demand that the proposal be submitted to a poll as aforesaid appoint any person to be enrolled on the owners' roll in place of such corporation ; and any such person shall for the purposes of this section be deemed to be the owner of such property.

(4) Where more persons than one are joint owners of any such property as aforesaid for the purposes of this section the person whose name appears first on the rate or valuation and return aforesaid shall be deemed to be the owner of such property.

(5) Subject to the foregoing provisions of this section the owners' roll shall be compiled in such manner and within such time as appears to be necessary for the purposes of the poll and when so compiled shall be signed and certified by the municipal clerk and as so signed and certified shall be the owners' roll used at the poll.

(6) The council of the municipality shall take an account of the reasonable expenses incurred in the preparation and printing of the owners' roll and shall order the same to be paid out of the municipal fund.

402. (1) If one-ninth or more of the number of votes for which voters are inscribed on the municipal roll and enrolled on the owners' roll are recorded

against

3 GEO. VI.] Local Government. [No. 4629 833

against the proposal to borrow money as aforesaid the sum of Twenty pounds directed to be deposited with the writing demanding the poll shall be returned by the chairman or clerk of the municipality to any person named in such writing as the person to receive the same.

(2) In any other case the said sum or so much thereof as may be necessary to defray the cost of taking the poll shall be paid by such chairman or clerk into the municipal fund and the residue (if any) returned by such chairman or clerk to the person so named to receive the same."

(2) The Principal Act as amended by any Act is hereby consequential i i j* n amendment of a m e n d e d as iollows :— NO. 3720 a8

(a) I n sub-section (3) of section four hundred and NO.6"?™ by

four after the words " municipal roll" there s^VS. shall be inserted the words " and enrolled on the owners' roll" ;

(b) In section four hundred and five after the word s-405-" ratepayers " there shall be inserted the words " and owners " ;

(c) I n t h e heading above section four hundred and Heading above six after t he word " Ratepayers " there shall be inser ted the words " and Owners " ;

(d) In section four hundred and six after the word s-400-" ratepayers " (wherever occurring) there shall be inserted the words " and owners " ;

(e) In section one— 8-u

(i) for the expression— " (4) Poll of Ratepayers, ss.

400-405 " there shall be substituted the expression—

" (4) Poll of Ratepayers and Owners, ss. 400-405 " ; and

(ii) for the expression— " (5) Further Procedure if no

Demand for Poll, or if Ratepayers fail to forbid, ss. 406-407 " ^

there shall be substituted the expression—

" (5) Further Procedure if no Demand for Poll, or if Ratepayers and Owners fail to forbid, ss. 406-407".

(3) In

834 3 GEO. Vl.J Local Government. [No. 4629

Amendment of No. 4279 s. 50. Polls as to application of unexpended balance of loan.

Further consequential amendment of No. 3720. S. 36 (2) as amended by No. 4279 8.7(1). Polls for union, Ac. of municipalities.

S. 325 (fi) a s re-enacted by No. 4329 s. 4. Unimproved rating polls.

Consequential amendment of No. 3732 s. 50 (3) as amended by No. 4329 8. fi. Polls as to tramways to be constructed under municipal guarantee.

Consequential amendment of No. 3G72 s. 21 (3). Polls as to transfer of electric lighting powers to municipal councils.

(3) In section fifty of the L,ocal Government Act 1934— (a) in sub-section (7) after the word " ratepayers"

there shall be inserted the words " and owners " ; and

(b) in sub-section (8) for the words " the ratepayers" (wherever occurring) there shall be substituted the words " ratepayers and owners".

(4) The Principal Act is hereby amended as follows :— (a) In sub-paragraph (vi) of paragraph (i) of sub-section

(2) of section thirty-six of the Principal Act as re-enacted by sub-section (1) of section seven of the L,ccal Government Act 1934 for the expression " a poll of ratepayers on a proposal by a council to borrow money under Division one of Part XV." there shall be substituted the expression " an election of councillors under the provisions of Part III. of this Act or any amendment thereof " : and

(b) In sub-section (6) of section three hundred and twenty-five as re-enacted by section four of the Local Government (Preferential Voting) Act 1935 for the expression beginning " a poll of ratepayers'' to the end of the sub-section there shall be substituted the expression " an election of councillors under the provisions of Part III. of this Act or any amendment thereof (including provisions relating to voting by post if such provisions apply to elections of councillors of the municipality) ".

(5) In paragraph (g) of sub-section (3) of section fifty of the Melbourne and Metropolitan Tramways Act 1928 as amended by section six of the Local Government (Preferential Voting) Act 1935 for the expression beginning " a poll of the ratepayers " to the end of the paragraph there shall be substituted the expression " an election of councillors under the provisions of Part III. of the Local Government Act 1928 or any amendment thereof (including provisions relating to voting by post if such provisions apply to elections of councillors of the municipality) ".

(6) In sub-section (3) of section twenty-one of the Electric Light and Power Act 1928—

(a) for the words " are taken " there shall be substituted the words " would have been taken " ;

(b) after

3 GEO. V I ] Local Government. [No. 4629 835

(b) after the figures " 1928 " there shall be inserted the words " as in force on the eighteenth day of December One thousand nine hundred and twenty-n ine" .

.„. ri ^ ' /r»\ r /. Consequential

(7) bub-section (z) of section forty-seven of the Local ^"S^S Government Act 1934 is hereby repealed. Reference in'

1 6 . (1) In t he proviso to sub-section (2) of section five

other Acts fo polls under No. ;J72() Part XV.

t i ' ' l "p i • » - » • • i * ' ' A m e n d m e n t of

hundred and four of the Principal Act as amended b y any Jso

a53^5b

0j A c t No. 4279 s. SO*.

Contracts as to

(a) for the words "e ighteen m i l e s " there shall be nSffi.iDg

substituted the words " twenty-three miles " ; and (b) the words " and subject to the approval of t he

Governor in Council" are hereby repealed. (2) A t the end of the said section five hundred and four power to

as so amended there shall be inserted the following coSs to MI sub-section:— jXS'd from

quarries (o

" (3) The council of any municipality the municipal S?rSuKerof offices of which are not situate within a radius of i,ro«lert>'-twenty-three miles from the post offi.ee situate a t the corner of Bourke-street and Elizabeth-street in the city of Melbourne may in the name and on behalf of the municipality sell to any owner or occupier of property which is not within the said radius any crushed rock metal screenings or other materials produced from any gravel pit or quarry of the council for use on or in relation to such property".

1 7 . (1) Section six hundred and forty-eight of the Amendment of

Principal Act as amended by any Act is hereby amended a S (l) as amended X n by No. 4279

follows:— s. 84. Powers of

(a) In sub-paragraph (ii) of paragraph (d) of sub- ^ S t section (1)—

(i) for the words "between the mains of the council and the meter " there shall be substituted the words " from the mains of the council " ; and

(ii) before the word " engineer " there shall be inserted the words "person managing the gas works or the" ; and

(b) At

836 3 GEO. VI.] Local Government. [No. 4629

powers as to (b) A t t h e end of p a r a g r a p h (d) of sub-section (1) there SsappHa^ea shall be added the following sub-paragraphs :— Ac. _ . ° .

" (iii) sell let for hire fix repair and remove gas stoves water heaters and other gas appliances and fittings for lighting and heating motive power ventilating cooking or any other purposes provide all materials and work necessary and proper in that behalf and with respect thereto take such remuneration or rents and charges and make such terms and conditions as are agreed upon and repossess any such appliance which has been let for hire and in respect of which any payment is in arrear ;

(iv) require consumers to keep the pipes and fittings on their premises in proper repair ; and

(v) cut off and discontinue the supply of gas to any premises in consequence of any default on the part of the occupier of such premises."

Amendment of (2) In p a r a g r a p h (a) of sub-section (2) of section eighty-s.84(2)(a). four of t h e Local Government Act 1934 after t h e word NSd372080n5oi " council " (where last occurring) there shall be inserted the a8t"co,,trfl0ta- words " or t he municipal clerk ".

Amendment of No. 3720 s. 773. Power to municipalities to subsidizo cost of lectures, &c, conducted by or under auspices of University of Melbourne.

1 8 . At the end of section seven hundred and seventy-three of the Principal Act there shall be inserted the following expression:—

( « )

a or for or towards the cost of any lecture class

demonstration or other educational activity which may be conducted within the municipal district by or under the auspices of the University of Melbourne".

No.e427»esnt7? 1 9 . In section seventy-two of the Local Government AS to when Act 1934 for the words "and lodsed" there shall be streets deemed i , •, , ~i 11 I a i i i») t o b e s e t o u t ~ . . u ~ ± . •!—•*-—i -t-u- 1~ — i—i i " on private property.

substituted the words " or lodged

SCHEDULE.

3 GEO. VI.] Local Government,

SCHEDULE.

A. The Principal Act is hereby amended as follows:—

1. In section one— (a) the expression " (2) Persons entitled to have Names placed on

Separate Voters' List, s. 77 " shall be repealed; and (b) the words " and Separate Voters' List " (wherever occurring)

shall be repealed.

2. In section seventy-one as amended by section nineteen of the Local Government Act 1934—

(a) the words " in respect of which all sums payable in respect of any rates made three months or more before such day have been paid " shall be repealed ; and

(b) in paragraph (g), the words " if all rates made three months or more before such day and recoverable from him have been paid " shall be repealed.

3. In section seventy-five, the words " and in respect of which the rates have been paid as provided by this Act " shall be repealed.

4. Section seventy-six shall be repealed.

5. Section seventy-seven and the heading immediately preceding that section shall be repealed.

6. In the heading immediately preceding section seventy-eight, the words " and Separate Voters' List " shall be repealed.

7. In section seventy-eight— (a) in paragraph (d) of sub-section (2), the words " or separate

voters' list " shall be repealed; and (b) in sub-section (4), the words " and separate voters' list " and the

words " or separate voters' l ist" shall be repealed.

8. In section seventy-nine— (a) paragraph (b) of sub-section (1) shall be repealed ; and (b) the words " or separate voters' l ist" and the words " and

separate voters' list" (wherever occurring) shall bo repealed.

9. In section eighty— (a) the words " and separate voters' l ist" (wherever occurring) shall

bo repealed; and (b) for the words " such lists " there shall be substituted the words

" such list ".

10. In section eighty-one, the words " and separate voters' list " (wherever occurring) shall be repealed.

11. In section eighty-two, the words " or separate voters' list " and the words " and separate voters' l is t" (wherever occurring) shall be repealed.

14746. 54 SCHEDULE

[No. 4629

838 8 GEO. Vl.J Local Government. [No. 4629

SCHEDULE—continued.

12. In the heading immediately preceding section eighty-three, tho words " and Separate Voters' List" shall be repealed.

13. In section eighty-three— (a) tho words " and separate voters' list " shall be repealed; (b) for the words " such lists " (wherever occurring) there shall bo

substituted the words " such list " ; and (c) for the words " the lists " there shall be substituted the words

" the list".

14. In section eighty-four, the words " or separate voters' list" (wherever occurring) shall be repealed.

15. In section eighty-five, the words " or separate voters' list" (wherever occurring) shall be repealed.

16. In section eighty-six, for the words " in lists " (wherever occurring) there shall be substituted the words " in a list ".

17. In the heading immediately preceding section eighty-seven, tho words " and Separate Voters' List" shall be repealed.

18. In section eighty-seven, the words " and separate voters' list " and the words " or separate voters' list " shall bo repealed.

19. In sub-section (1) of section eighty-eight, for the words " any list " there shall bo substituted the words " any voters' list ".

20. In section eighty-nine, tho words " and separate voters' list" (wherever occurring) shall be repealed.

21. In section ninety, the words " or separate voters' list " (wherever occurring) shall be repealed.

22. In section ninety-three— (a) the words t( or separate voters' l is t" (wherever occurring) shall

be repealed; (b) in sub-section (1) the words " if in the voters' l is t" shall bo

repealed ; (c) for the words " the said lists " (wherever occurring) there shall

be substituted the words " the said list" ; (d) in sub-section (2), the words " in the case of the voters' list"

shall bo repealed ; and (e) in sub-section (7), tho words " and separate voters' list" shall

be repealed.

23. In section one hundred and six— (a) the words " and to the separate voters' l ist" shall bo repealed; (b) the words " and the separate voters' list " shall be repealed ; (c) the words "and a separate voters' list " shall be repealed; (d) the words " or separate voters' list " shall be repealed ; and (e) the words " or to be placed on the separate voters' list

respectively " shall be repealed.

24. In section one hundred and seven, the words " or separate voters' l is t" (wherever occurring) shall be repealed.

25. In paragraph (a) of sub-section (3) of section one hundred and nine, the words " or separate voters' l ist" shall be repealed.

SCHEDULE

3 GEO. VI.] Local Government. [No. 4629 839

SCHEDULE—continued.

26. Form " B " in the Third Schedule shall be repealed.

27. In Form " 0 " in the Third Schedule, the words " or the Separate Voters' List" shall bo repealed.

28. In tho Fourth Schedulo— (a) tho expression " [or Separate Voters' List as the case may be] "

shall be repealed ; and (6) in the seventh column of the said Schedule, tho words " If Claim

is to have name inserted in Voters' List" shall be repealed.

29. In the Fifth Schedule, the expression " [or Separate Voters' List as the case may be] " shall be repealed.

30. In the Sixth Schedule-(a) the expression " [or Separate Voters' List as the case may be] "

shall bo repealed ; and (6) in the seventh column of the said Schedule, the words " If Claim

is to have name inserted in the Votors' List " shall be repealed.

31. In the Seventh Schedule, tho expression " [or Separate Voters' List as the case may be] " shall be repealed.

B. The Constitution Act Amendment Act 1928 as amended by any KO. soooas Act is hereby amended as follows :— ™T'^mlr

4571 s. 3.

1. In paragraph (a) of section eighty-eight the expression "including any separate list prepared in accordance with section seventy-seven of the Local Government Act 1928 of persons who are not entitled to be enrolled in tho voters' roll for the municipal district by reason solely of non-payment of rates " shall be repealed.

2. In paragraph (c) of section ninety-threo the expression " or to have his name placed on a separate list of such municipality prepared in accordance with section seventy-seven of tho Local Government Act 1928 " shall bo repealed.

3. In sub-section (1) of section one hundred and forty-five—• (a) in paragraph (a) tho words " or a separate voters' list" shall be

repealed ; and (b) in paragraph (b) the words " or separate voters' l ist" shall

be repealed.

C. The Legislative Council Elections Act 1935 as amended by any NO. 4:$5O Act is hereby amended as follows :— by N o . ^

1. For sub-paragraph (i) of paragraph (a) of sub-section (1) of section s'3" twelve there shall be substituted the following sub-paragraph :—

" (i) whose name is enrolled on a voters' roll and who is entitled to be enrolled on the ratepayers' roll for any division of a province compiled wholly or in part from such voters' roll; or ".

2. In paragraph (a) of clause two of tho Third Schedule for tho expression " [enrolled on the voters' roll or placed on the separate voters' list (d) (as the case may be)]" there shall bo substituted the words " enrolled on the voters' roll".

3. Note {d) to the Third Schedule shall be repealed. No. 4630.