Constitution of council
(1) A council consists of persons elected in accordance with Part 4 .(2) A person elected to a city council is a councillor but may be known as an alderman.(3) The number of councillors for each council is specified in column 3 of Schedule 3 next to the name of that council.(4) The Governor, on the recommendation of the Minister, may amend or substitute column 3 of Schedule 3 in an order made under section 214E relating to councils to give effect to that order.(5) Schedule 5 has effect with respect to the office of councillor.
(1) The chairperson of a council is to be known as –(a) in the case of the Hobart City Council or its successor, the Lord Mayor; and(b) in the case of any other council, the mayor.(2) The deputy chairperson of the council is to be known as –(a) in the case of the Hobart City Council or its successor, the Deputy Lord Mayor; and(b) in the case of any other council, the deputy mayor.
27. Functions of mayors and deputy mayors
(1) The functions of a mayor are–(a) to act as a leader of the community of the municipal area; and(b) to carry out the civic and ceremonial functions of the mayoral office; and(c) to promote good governance by, and within, the council; and(d) to act as chairperson of the council and to chair meetings of the council in a manner that supports decision-making processes; and(e) to act as the spokesperson of the council; and(f) to represent the council on regional organisations and at intergovernmental forums at regional, state and federal levels; and(g) to lead and participate in the appointment, and the monitoring of the performance, of the general manager; and(h) to liaise with the general manager on –(i) the activities of the council and the performance and exercise of its functions and powers; and(ii) the activities of the general manager and the performance and exercise of his or her functions and powers in supporting the council; and(i) any function imposed by an order under section 27A ; and(j) any other function imposed by this or any other Act.(aa) . . . . . . . .(ba) . . . . . . . .(1A) The mayor or deputy mayor is to represent accurately the policies and decisions of the council in performing the functions of mayor or deputy mayor.(2) The deputy mayor is to act in the position of mayor and exercise the powers and perform the functions of mayor if–(a) the mayor is absent from duty as Mayor or from the State, otherwise unavailable for duty as mayor or unable to perform the functions of mayor; and(b) the mayor or the council, by notice in writing, appoints the deputy mayor to act in the position.(2A) The mayor, by notice in writing, may delegate for a specified period –(a) either or both of the functions referred to in subsection (1)(e) and (f) to the deputy mayor, a councillor or the general manager; and(b) any other power or function of the mayor, other than the function referred to in subsection (1)(d) , to the deputy mayor.(3) An appointment under subsection (2) remains in force –(a) for the period specified in the notice; or(b) until sooner revoked.
27A. Order relating to Mayor's functions
(1) The Minister, by order, may do any one or more of the following:(a) clarify the functions of mayor;(b) impose on mayors such functions as the Minister considers appropriate.(2) The Minister may amend, revoke, or revoke and substitute an order.(3) Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order.(4) An order under this section may be combined with an order under one or more of the following sections:(a) section 28AA ;(b) section 62A ;(c) section 62B .(5) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act.(6) An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .
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