LOCAL GOVERNMENT ACT 2009 - SECT 123 Suspending or dissolving a local government

LOCAL GOVERNMENT ACT 2009 - SECT 123

123 Suspending or dissolving a local government

(1) This section applies if—

(a) the conduct tribunal recommends under section 150AR that every councillor be suspended or dismissed; or

(b) the Minister reasonably believes that a local government has seriously or continuously breached the local government principles; or

(c) the Minister reasonably believes that a local government is incapable of performing its responsibilities; or

(d) the Minister reasonably believes it is otherwise in the public interest that every councillor be suspended or dismissed.

(2) If the proposal in the Minister’s notice under section 120 was to suspend every councillor for a stated period, the Minister may recommend that the Governor in Council—

(a) suspend every councillor for a period that is no longer than the stated period; and

(b) appoint an interim administrator to act in place of the councillors until the stated period ends.

(3) Also, the Minister may recommend that the Governor in Council—

(a) dissolve the local government; and

(b) appoint an interim administrator to act in place of the councillors until the earlier of—

(i) the conclusion of a fresh election of councillors to be held on a stated date; or

(ii) the conclusion of the next quadrennial election.

(4) The Governor in Council may give effect to the Minister’s recommendation under a regulation.

(5) A regulation dissolving a local government has effect in accordance with the requirements of the Constitution of Queensland 2001 , chapter 7 , part 2 .