Queensland Consolidated Acts

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COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 - SECT 13

13 Procedures before exercise of certain powers

(1) Before the Governor in Council or Minister exercises a power under this division in relation to an Island council, the Minister must give written notice of the proposed exercise of the power to the council.

(2) However, notice need not be given if--

(a) the power is proposed to be exercised at the Island council's request; or
(b) the Minister considers giving notice--
(i) is likely to defeat the purpose of the proposed exercise of the power; or
(ii) would serve no useful purpose.

(3) The notice must state--

(a) the reasons for the proposed exercise of power; and
(b) a period within which the Island council may make submissions to the Minister about the proposed exercise of power.

(4) Reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power.

(5) The Minister must have regard to all submissions made by the Island council within the stated period.

(6) The power may be exercised without further notice to the Island council if--

(a) the proposed exercise of power is to proceed despite the council's submissions; or
(b) no submissions of the council are received by the Minister within the stated period.


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