LOCAL GOVERNMENT ACT 2009 - SECT 38AB Suspending or revoking particular local laws

LOCAL GOVERNMENT ACT 2009 - SECT 38AB

38AB Suspending or revoking particular local laws

(1) This section applies if the Minister reasonably believes a local law—

(a) is contrary to any other law; or

(b) is inconsistent with the local government principles; or

(c) does not satisfactorily deal with the overall State interest.

(2) The Minister, by gazette notice, may—

(a) suspend the local law, for a stated period or indefinitely; or

(b) revoke the local law.

(3) The gazette notice must state—

(a) how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and

(b) if the local law has been suspended—how the local law may be amended so that it—

(i) is no longer contrary to the other law; or

(ii) is no longer inconsistent with the local government principles; or

(iii) satisfactorily deals with the overall State interest.

(4) If the Minister suspends a local law, the local law stops having effect for the period stated in the gazette notice.

(5) If the Minister revokes the local law—

(a) the local law stops having effect on the day stated in the gazette notice; or

(b) if no day is stated in the gazette notice—the local law is taken to never have had effect.

(6) The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section.

(7) A decision of the Minister under this section is not subject to appeal.

Note—

See section 244 for more information.