South Australian Consolidated Acts South Australian Consolidated Acts13O—Minister may suspend Executive Board
(1) If
the Executive Board refuses or fails to comply with a direction of the
Minister under section 9D(4), 13A(3), 13G(4) or 13N, or not less than 4
members of the Executive Board refuse or fail to attend a meeting called by
the Minister under section 11, the Minister may, by notice in the
Gazette, suspend the Executive Board for a period specified in the notice or
until further notice in the Gazette.
(2) Despite any other
provision of this Act, if the Executive Board is suspended the following
provisions apply:
(a) the
Minister may, by notice in the Gazette, appoint an Administrator, on terms and
conditions determined by the Minister, to administer the affairs of A n angu
Pitjantjatjara Yankunytjatjara in the name of, and on behalf of, A n angu
Pitjantjatjara Yankunytjatjara during the period of the suspension;
(b) the
Administrator is entitled to remuneration, allowances and expenses determined
by the Minister;
(c) the
Minister may remove a person from the office of Administrator for any reason
the Minister thinks fit;
(d) the
office of Administrator becomes vacant if the Administrator—
(i)
dies; or
(ii)
completes a term of office; or
(iii)
resigns by written notice to the Minister; or
(iv)
is removed from office under paragraph (c);
(e) the
Minister may appoint a person to act as the Administrator—
(i)
during a vacancy in the office of Administrator; or
(ii)
when the Administrator is absent from, or unable to
discharge, official duties;
(f) the
Administrator has all the functions and powers of A n angu Pitjantjatjara
Yankunytjatjara;
(g) in
carrying out a function or exercising a power of A n angu Pitjantjatjara
Yankunytjatjara, the Administrator is not bound by a resolution under
section 9B(4) that is, in the opinion of the Administrator, inconsistent
with the appointment of the Administrator (but, to avoid doubt, is otherwise
bound by a resolution under that section);
(h) Part
2 Division 5 of the Public Sector Management Act 1995 applies to the
Administrator as if the Administrator were a senior official and the Minister
administering this Act were the relevant Minister;
(i)
any liability incurred by the Administrator in the course
of the administration will be paid or satisfied out of the funds of A n angu
Pitjantjatjara Yankunytjatjara;
(j) in
any legal proceedings, an apparently genuine document purporting to bear the
common seal of A n angu Pitjantjatjara Yankunytjatjara and the signature of
the Administrator attesting the affixation of the seal will be presumed, in
the absence of proof to the contrary, to have been duly executed by A n angu
Pitjantjatjara Yankunytjatjara;
(k) the
Administrator must cause proper accounts to be kept of the financial affairs
of A n angu Pitjantjatjara Yankunytjatjara and must cause the accounts of A n
angu Pitjantjatjara Yankunytjatjara for each financial year to be audited by a
registered company auditor;
(l) to
avoid doubt—
(i)
the Administrator must, in the course of the
administration, endeavour to advance the interests of A n angu at all times;
(ii)
the Administrator must comply with section 4(2) and
section 7 and any other provision of this Act that requires consultation
with, or a resolution of, A n angu Pitjantjatjara Yankunytjatjara.