Local Government (Public Inquiries) Amendment Act 1990 (NSW)

LOCAL GOVERNMENT (PUBLIC INQUIRIES) AMENDMENT

ACT 1990 No. 69

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement

3. Amendment of Local Government Act 1919 No. 41

LOCAL GOVERNMENT (PUBLIC INQUIRIES) AMENDMENT

ACT 1990 No. 69

NEW SOUTH WALES

Act No. 69, 1990

An Act to amend the Local Government Act 1919 to require the
holding of public inquiry before the offices of all members of a
council may be declared vacant under section 86 of that Act. [Assented
to 20 November 1990]

Local Government (Public Inquiries) Amendment 1990

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Local Government (Public Inquiries)

Amendment Act 1990.

Commencement

2.     This Act commences on a day to be appointed by proclamation.

Amendment of Local Government Act 1919 No. 41

3. The Local Government Act 1919 is amended by omitting section

86 and by inserting instead the following section:

Governor may declare vacant the offices of all members of council

86. (1) The Governor may, by proclamation, declare vacant the

offices of all members of a council if:

(a)	a public inquiry has been held under section 649 in respect of the council; and
(b)	after considering the result of the inquiry, the Minister has recommended to the Governor that it is advisable to make such a declaration.

(2) The Governor is, by the same or by one or more subsequent

proclamations:

(a) to appoint an administrator of the council; and

(b) council,

to order the holding of a fresh election of members of the make such further orders as in the circumstances the Governor, on the recommendation of the Minister, considers necessary.

(3) An administrator appointed by the Governor under this section

has, until immediately before the first meeting of the council after the holding of the fresh election, the powers, duties and liabilities of the council.

(4) The administrator is to be paid a salary determined by the

Governor out of the general fund of the council.

(5) The Governor may, by proclamation, remove the administrator

at any time.

Local Government (Public Inquiries) Amendment 1990

(6) On the appointment of an administrator by the Governor, the employees of the council, unless specifically retained by the administrator, cease to be employed by the council.

(7) In this section, “member”, in relation to a council, means the

mayor or president or a holder of any other civic office of the

council.

[Minister’s second reading speech made in—

Legislative Assembly on 11 October 1990 Legislative Council on 14 November 1990]