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LOCAL GOVERNMENT ACT 1993 - SECT 109J Rectification orders

LOCAL GOVERNMENT ACT 1993 - SECT 109J

Rectification orders

(1)  A council may apply in writing to the Minister for a rectification order to be made in respect of a rate made, or purportedly made, by the council under this Part.
(2)  The Minister may require a council to provide information so as to enable the Minister to consider an application made by the council under subsection (1) .
(3)  The Minister, after receiving from a council an application under subsection (1) in respect of a rate made, or purportedly made, by the council under this Part, may –
(a) make a rectification order in respect of the rate; or
(b) by notice in writing to the council, refuse to make a rectification order in respect of the rate.
(4)  The Minister may only make a rectification order in respect of a rate made, or purportedly made, under this Part if the Minister is satisfied –
(a) that an amount, a method, a description, or another factor, that was included in the resolution by which the rate was made was included in the resolution by error; or
(b) that the rate may be invalid because the rate, or the making of the rate, is not in accordance with one or more provisions of this Act.
(5)  The Minister may make a rectification order in respect of a rate made, or purportedly made, under this Part even if legal proceedings have been commenced or determined in relation to the validity of the rate.
(6)  A rectification order –
(a) must identify the rate to which the order relates; and
(b) must state that the council that made, or purportedly made, the rate is authorised by the Minister to make, within the period specified in the order, another rate for the purposes of replacing that rate; and
(c) may require the relevant council to give notice, of the kind and in the manner specified in the order, of the making of the order.