LOCAL GOVERNMENT ACT 1993 - SECT 400ZH Application of Act to joint organisations

LOCAL GOVERNMENT ACT 1993 - SECT 400ZH

400ZH Application of Act to joint organisations

(1) Except as provided by subsection (3), this Act applies--

(a) to a joint organisation in the same way as it applies to a council, and

(b) to the representatives on the board of a joint organisation in the same way as it applies to the councillors of councils, and

(c) to the executive officer of a joint organisation in the same way as it applies to the general manager of a council.

(2) In the application of this Act to a joint organisation and to a representative on the board of a joint organisation--

(a) a reference to the mayor of a council includes a reference to the chairperson of a joint organisation, and

(b) a reference to mayoral office includes a reference to the office of the chairperson of a joint organisation, and

(c) a reference to a councillor includes a reference to a voting representative on or a non-voting chairperson of the board of a joint organisation, and

(d) a reference to the holding of civic office includes a reference to holding office as a voting representative on or a non-voting chairperson of the board of a joint organisation, and

(e) a reference to the general manager of a council includes a reference to the executive officer of a joint organisation, and

(f) a reference to the area of a council includes a reference to the joint organisation area of a joint organisation, and

(g) a reference to a proclamation under Chapter 9 includes a reference to a proclamation under this Part.

(3) The following provisions (the
"excluded provisions" ) of this Act do not apply to or in respect of a joint organisation--

(a) Chapter 3,

(b) Part 3 of Chapter 4,

(c) Chapter 6 (other than Part 3),

(d) Chapter 7,

(e) Chapter 9,

(f) Chapter 10,

(g) sections 335 and 342,

(h) sections 355, 365, 370, 371, 375A and 377- 380 and Part 5 of Chapter 12,

(i) Parts 2 and 4 of Chapter 13 and sections 438T, 438ZA and 438ZB,

(j) Chapter 15 (other than Parts 10, 12 and 13 and section 620),

(k) Division 4 of Part 2 of Chapter 17,

(l) section 736(2),

(m) Schedules 1-5,

(n) any other provisions prescribed by the regulations for the purposes of this section.

(4) Despite subsection (3), an excluded provision applies to or in respect of a joint organisation if--

(a) the joint organisation is exercising a function of a council conferred on the joint organisation by or under this Act and the excluded provision is applicable to or in respect of the function, or

(b) the regulations provide that the provision is not an excluded provision in relation to the specified joint organisation, a class of joint organisations (that includes that organisation) or all joint organisations, or

(c) the provision applies expressly to a joint organisation or applies expressly or impliedly to all bodies constituted under this Act.

(5) The regulations may--

(a) modify the application of any provision of this Act that applies to or in respect of a council for the purpose of its application to a joint organisation, or

(b) exclude a provision of this Act from applying to or in respect of a joint organisation.

Note : The provisions applied to joint organisations by this section include provisions relating to codes of conduct and protection against personal liability (section 731).