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Restrictions on Holding Multiple Offices

  1. This by-law gives effect to clause 8.1(e) of the Constitution.

  2. To avoid doubt, this by-law places no restriction on any member seeking to hold, or holding, any public officean elected office in a council or parliament, but places restrictions on seeking to hold, or holding offices within the Partythe incorporated association referred to in clause 40(1) in circumstances described below.

  3. While they hold a position or office listed in Column 1, no Partythe incorporated association referred to in clause 40(1) Member may hold a position or office listed in Column 2; either

    1. for more than 12 weeks; or

    2. in any circumstances described in Column 3;

    except as described in Column 4.

Column 1Column 2Column 3Column 4

Convenor, Secretary, Assistant Secretary or Treasurer.

Convenor of Campaign or Policy Committee, National Councillors.

Member of State or Federal Parliament or their staff, Salaried Mayor (or equivalent) of LGA, or AGV staff.During an election campaign period applicable to the person’s position under Column 2, during the 12 weeks prior to the scheduled date of an election (or from the date of the issuing of writs).A person who is in a position or office as described in Column 1 who during their term of office obtains a staff position may continue to hold that position or office for the balance of the term of office, if that balance is less than 9 months, with the permission of the Executive.
Member of Executive (other than Convenor, Secretary, Assistant Secretary or Treasurer, Convenor of the Campaign or Policy Committee).Member of State or Federal Parliament or their staff, AGV staff or Salaried Mayor (or equivalent) of LGA.A person who obtains a position as described in Column 2 may serve out a single term in a position on the Executive (other than Convenor, Secretary, Assistant Secretary or Treasurer, or Convenor of the Campaign or Policy Committee).
Preselected candidate for either a “lead position” for the Senate or Legislative Council Region, or for a federal or state lower house seat, where the Party’s vote in that seat in the previous election exceeded 20%.

Convenor, Secretary, Assistant Secretary or Treasurer.

Member of Campaign or Policy Committee.

Convenor of National Conference Committee.

Most senior AGV staff member.

During an election campaign period applicable to the person’s position under Column 2, being during the 26 weeks prior to the scheduled date of an election (or from the date of the issuing of writs).
Member of State or Federal Parliament or their staff, or Salaried Mayor (or equivalent) of LGA, or AGV staff.Member of Executive, Council or Campaign CommitteeWhere holding position in the capacity of staff, parliamentarian or elected Local Government rep.
Branch or Regional Council Office BearerElected member of local government body in area covered by Branch or Regional Council.Consensus (only) decision by relevant Branch/Regional Council to allow that person to retain position as Branch or Regional Council office-bearer.

  1. In the previous clause, ‘staff’ is defined to mean those employed as staff, other than those employed on a short term temporary basis.

  2. Where another bylaw limits the holding of particular offices further than the provisions of this bylaw, the more limiting provisions will prevail.

  3. The actthe Associations Incorporation Reform Act 2012 of nominating for the positions of State Convenor, State Secretary or Convenor of the Campaign Committee carries an implicit undertaking that the person so nominating shall not, during the following 12 months, nominate for pre-selection for:

    1. The lead position on the Senate ticket, or the second position in respect of a double dissolution; or

    2. The lead position on the ticket in a Legislative Council Region, or the second position in circumstances where the Partythe incorporated association referred to in clause 40(1)’s vote in that Region in the previous election exceeded 20%; or

    3. Any state or federal seat in which the Partythe incorporated association referred to in clause 40(1)’s vote was more than 20% (or double the average vote for seats in Victoria in the most recent relevant general election, whichever is the lesser)

Should a State Convenor, State Secretary or Convenor of the Campaign Committee nominate for preselection for endorsement for any of (a) to (c) above, they shall thereby cease to hold that office.

  1. For the purpose of this bylaw, the holding of an office within the Partythe incorporated association referred to in clause 40(1) includes any holding of office on an acting basis.

Acronyms​

AGVAustralian Greens Victoria: Australian Greensthe Australian Greens (The Greens) Incorporated, incorporated under the *Associations Incorporation Act 1991* (ACT) with association number A02626 – Victoria

LGALocal Government Area: Local Government Areahas the meaning given to the term municipal district in the Local Government Act 2020

Modification History​

ActionBodyDate
ApprovedState Conference2014-09-06
AmendedState Council2019-07-06