Statutory Authorities Act 1962 (TAS)

Statutory Authorities Act 1962

An Act to consolidate the law relating to statutory authorities and to repeal the Statutory Authorities' Borrowing Act 1929 and the Statutory Authorities Administration Act 1937

[Royal Assent 14 February 1963]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART IPreliminary1Short title and commencement (1)  This Act may be cited as the Statutory Authorities Act 1962 . (2)  This Act shall commence on the day on which the Local Government Act 1962 commences. 2Interpretation [Section 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears – authority means any corporation, aggregate or sole, of a public or semi-public nature constituted under statutory authority, other than a council or local committee of a council; elective authority means an authority consisting wholly or partly of elected members. 3RepealThe Statutory Authorities’ Borrowing Act 1929 and the Statutory Authorities Administration Act 1937 are repealed. PART IISupersession by Commission4Auditor-General's report (1)  Where the Auditor-General is of opinion that – (a) the financial affairs of an elective authority having the management and control of a public utility or jurisdiction over a defined district or locality are in a seriously unsatisfactory or unsafe condition; or (b) such an authority has – (i) been guilty of grave default, neglect, or mismanagement; or (ii) shown gross incompetence – in any matter properly the subject of examination and report by the Auditor-General – he may give that authority a notice to be called for the purposes of this Part a "warning notice". (2)  In a warning notice the Auditor-General shall – (a) state that he intends to make a report to the Governor under this section; (b) set forth the allegations he intends to make in the report; and (c) request the authority to furnish him, within one month of the date of the notice, with a reply to the intended allegations. (3)  After the expiry of the period mentioned in paragraph (c) of subsection (2) of this section, the Auditor-General may make a report to the Governor setting forth – (a) the allegations set forth in the warning notice; (b) that the warning notice was duly given; and (c) the authority’s reply to the warning notice or that no reply has been furnished, as the case may be. (4) If the authority has furnished a reply to the warning notice and the Governor does not consider it satisfactory, the Minister administering the Act under which the authority is constituted shall notify the authority accordingly unless it has in its reply requested a review of the report. 5Review of report (1) If an authority the subject of a report under section four – (a) in its reply to the warning notice thereunder; or (b) by written notice to the Minister referred to in that section within twenty-one days after receiving a notification from him under subsection (4) of that section – requests a review of the report, the Governor shall refer the report to a committee, to be called for the purposes of this Part a "committee of review", to be appointed by him. (2)  [Section 5 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]A committee of review shall consist of – (a) the Solicitor-General; (b) a person not employed in the service of the State; and (c) a person nominated by the authority. (3)  The committee of review for the report shall review the allegations contained therein and report to the Governor thereon and for that purpose – (a) the committee of review shall be deemed to be a commission appointed by the Governor under the seal of the State to make an inquiry; and (b) the members of it shall be paid such fees as may be prescribed. 6Appointment of commission (1)  If upon consideration of – (a) a report under section four ; (b) the authority’s reply, if any, to the allegations therein; and (c) the report of the committee of review thereon, if any – the Governor is of opinion that it is in the interest of the State or of the public that the powers and functions of the authority should be vested in a commission, he may by proclamation appoint a commission of three persons for the purpose and assign a name to the commission. (2)  No commission appointed under this section shall hold office for any period exceeding twelve months unless both Houses of Parliament have agreed to a resolution extending the period for a further term specified in the resolution. 7Powers and duties of commissionUpon and after the date of the proclamation appointing a commission under section six or such later date as may be specified therein for that purpose – (a) all property, powers, rights, privileges, duties, obligations, and liabilities vested in, belonging to, or imposed upon the authority in whose place the commission is appointed, shall by virtue of the proclamation vest in, belong to, and be imposed upon the commission; (b) for the purposes of any Act relating to the authority the commission shall be deemed to be the authority; (c) the commission shall have the like rights and obligations in respect of any then subsisting contract made and entered into by the authority as if that contract had been made and entered into by the commission, and all proceedings in respect of any such contract may be had and taken by or against the commission in its own name; (d) where the authority is a body corporate the commission, by force of its appointment, shall become a body corporate and may use the common seal of the authority for any purpose for which it could have been used by the authority; (e) any two members of the commission shall constitute a quorum and may exercise any of the powers or functions of the commission notwithstanding any vacancy on the commission; and (f) the several members constituting the authority shall forthwith cease to hold office, and all and every of their rights, powers, and functions as such members shall thereupon cease and determine. 8Members of commission [Section 8 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]The several persons constituting a commission under this Part shall – (a) be paid out of the funds to be administered by it such remuneration, if any, as the Governor may determine; and (b) [Section 8 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] not be subject, as such members, to the provisions of the State Service Act 2000 . 9Revocation of appointment (1) The Governor by proclamation at any time may revoke the appointment of a commission under this Part and by the same or earlier proclamation give directions for the election, or provide for the appointment and election (as the case may require), of members to reconstitute the authority in place of which the commission was appointed, in accordance with the Act under which that authority was constituted, and it shall give effect to any such directions. (2) Upon the revocation of the appointment of a commission under this section, the authority reconstituted as provided in the proclamation shall take the place of the commission in the same manner as the commission took the place of the former authority and with the like consequences in all respects. 10Minister to report to ParliamentWhere the Governor has appointed a commission under this Part the Minister administering the Act under which the authority concerned was constituted shall lay upon the table of each House of Parliament a copy of the proclamation appointing the commission together with a full statement of the reasons for the appointment. PART IIIBorrowing11Method of borrowing by certain authorities [Section 11 Amended by No. 10 of 1985, s. 3 and Sched. 1 ][Section 11 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]Every elective authority having power by law to raise money on the mortgage of any rate may for any purpose for which it may raise loans raise money by the issue of debentures as if it were a council and subject to Division 2 of Part 8 of the Local Government Act 1993 which can be applied to or in respect of loans raised by the issue of debentures. 12Control by Treasurer of all authorities (1)  [Section 12 Subsection (1) amended by No. 20 of 1995, s. 3 and Sched. 1 ]Subject to the Government Business Enterprises Act 1995 , no authority may issue a debenture or give a mortgage, charge, or security over the whole or any part of its property or assets, without the consent in writing of the Treasurer. (2)  An application for the consent of the Treasurer under this Act shall be in writing, and shall be accompanied by particulars of the purpose and terms of the proposed issue, mortgage, charge, or security, and such other information as the Treasurer may require. (3)  [Section 12 Subsection (3) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] Nothing in this section prevents or affects in any way any transaction in relation to an advance made in good faith by an authorised deposit-taking institution in the ordinary course of business, on such security as the institution usually requires, if the advance is repayable on demand. (4)  [Section 12 Subsection (4) amended by No. 44 of 2005, Sched. 1, Applied:24 Nov 2005] A loan or advance made to an authority by the Governor under the provisions of any Act is not subject to the provisions of this section, and the amount thereof shall not be included in the calculations for the purposes of this section of the loan requirements of an authority. PART IVRates Exemption13Application of Local Government Act (1)  [Section 13 Subsection (1) substituted by No. 30 of 1995, s. 3 and Sched. 1 ]An authority must not make or levy a rate or tax on land which is exempted from rates under section 87 of the Local Government Act 1993 . (2)  [Section 13 Subsection (2) substituted by No. 30 of 1995, s. 3 and Sched. 1 ]Land exempted from rates under section 87 of the Local Government Act 1993 is exempted from rates and taxes made or levied by an authority. (3)  [Section 13 Subsection (3) omitted by No. 30 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .   (4) This section does not apply to a rate or tax for a service actually rendered or supplied by the rating or taxing authority. PART VRecovery of Rates and Charges14Use by other authorities of municipal procedure [Section 14 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ] (1) Where by any Act an authority is authorized or empowered in respect of any land – (a) to make and levy a rate; (b) to execute or perform any work at the cost of the owner or occupier; (c) to render a service and demand payment therefor, which payment is charged on the land; or (d) to recover from the owner or occupier any expenses incurred by the authority – upon, in relation to, or for the benefit of, the land, such rates, costs, payments, and expenses are subject to the provisions of subsection (2) of this section. (2)  [Section 14 Subsection (2) amended by No. 10 of 1985, s. 3 and Sched. 1 ]Rates, costs, payments, and expenses to which this subsection applies – (a) shall be, by virtue of this Part if not otherwise, charged on the land in respect of which they become due; (b) shall rank pari passu among themselves and with charges on the land under the Local Government Act 1993 in priority to all mortgages, charges, liens, and encumbrances whatsoever; and (c) may be recovered by the authority under Divisions 10 and 11 of Part 9 of the Local Government Act 1993 as if it were a council. (3)  Except as provided in subsection (4) of this section all proceedings instituted or commenced after the commencement of this Act for the recovery of any rates, costs, payments, or expenses recoverable under this section shall be taken and had in accordance with the provisions of this Act and not otherwise. (4) This section does not affect the operation of any enactment empowering an authority to sell any materials in relation to which any work has been done by it at the cost of the owner of the materials. PART VIOuster of Office15PART VIIRegulations16RegulationsThe Governor may make regulations for the purposes of this Act.