Queensland Consolidated Acts

CITY OF BRISBANE ACT 1924 - SECT 39A

(1) The council may, notwithstanding the provisions of any local law, whether the local law was made before or after the commencement of the City of Brisbane Act Amendment Act 1986, section 18 from time to time by resolution--

(a) establish or abolish a unit of administration or establish or alter its structure including the structure of its subunits of administration;

(b) assign a name to or alter the name of a unit of administration or subunit of administration;

(c) determine the matters to be administered by a unit of administration or subunit of administration;

(d) create or abolish an office of permanent head of a unit of administration and assign a title to or alter the title of an office of permanent head;

(e) make such other administrative arrangements in respect of the working and business of the council as it thinks fit.

(2) Where there is in any Act other than this Act a reference to a unit of administration named therein, the council shall not make a resolution under subsection (1) abolishing that unit of administration or altering its name without the approval of the Governor in Council first had and obtained.

(2A) Where the council makes a resolution in breach of subsection (2), the resolution shall be void and of no effect.

(3) The power of the council to make a resolution for the purposes of subsection (1)(c) or (e) includes the power to make a resolution that deems one of its administrative bodies to be another such administrative body for the purpose of 1 of the following having effect--

(a) an agreement, contract, deed or other document, instrument or writing made or issued by the council or by an administrative body or to which the council or an administrative body is a party, that contains a reference to an administrative body;

(b) a provision of this Act that contains a reference to an administrative body;

(c) a provision of any other Act including an instrument of subordinate legislation thereunder that contains a reference to an administrative body.

(3A) For the purposes of subsection (3), other than paragraph (b), the mayor shall be deemed to be an administrative body.

(3B) Where the council makes a resolution under subsection (3) the document, instrument, writing or provision shall be read and construed so as to give effect to the resolution.

(4) The council shall not make a resolution pursuant to subsection (3) in respect of a provision defined in subsection (3)(c) without the approval of the Governor in Council first had and obtained.

(4A) Where the council makes a resolution in breach of subsection (4), the resolution shall be void and of no effect.

(5) A resolution made pursuant to subsection (3) may be in respect of a specified reference or class thereof, a specified document, instrument or writing or class thereof, or a specified provision or class thereof, including a class of instrument of subordinate legislation.

(6) Subject to this Act, the permanent head of a unit of administration shall be responsible for its general working and for all the business thereof and shall be responsible to the town clerk in respect thereof.