LOCAL GOVERNMENT ACT 1993 - SECT 438M Appointment of interim administrator

LOCAL GOVERNMENT ACT 1993 - SECT 438M

438M Appointment of interim administrator

(1) The Minister must, in a suspension order or by subsequent order published in the Gazette, appoint an administrator of a council that is suspended.

(2) The order is to specify the period for which the administrator is appointed, not exceeding the period during which the council is suspended.

(3) An administrator appointed under this section is an
"interim administrator" .

(4) More than one interim administrator may be appointed for a council (with the same or different functions).

(5) An interim administrator of a council has, during the period of appointment as administrator, all the functions of the council (including all the functions of a councillor and the mayor), or, if more than one interim administrator is appointed, the functions of the council specified in the instrument of appointment.

(5A) If more than one interim administrator is appointed, one of the interim administrators is to be specified in the instrument of appointment as the person who is to exercise the functions of the mayor of the council.

(6) If more than one interim administrator is appointed for a council, the Minister may give directions for the purpose of resolving any issues that arise as a result of there being more than one interim administrator.

(7) An interim administrator must be paid a salary from the council's funds determined by the Minister.

(8) The Minister may, by order published in the Gazette, extend the period for which an interim administrator is appointed if the period during which the council is suspended is extended.

(9) The Minister may terminate an interim administrator's appointment at any time.

(10) A reference in this or any other Act, or any statutory instrument, to an administrator of a council includes, unless the context otherwise requires, a reference to an interim administrator.