AustLII Tasmanian Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 22

22. Delegation by council

      (1) Subject to subsection (2), a council, in writing, may delegate with or without conditions to the general manager, controlling authority, a council committee or a special committee, any of its functions or powers under this or any other Act, other than–

(a) this power of delegation, unless authorized by the council; and

(b) the powers referred to in subsection (3).

      (2) A council, in writing, may delegate any of the following powers only to the general manager or a council committee and only on condition that the council has determined appropriate policies and procedures to be followed in relation to those powers:

(a) the collection of rates and charges under Part 9;

(ab) the postponement of rates and charges;

(b) the remission or rebate of rates and charges;

(ba) the writing off of any debts owed to the council;

(c) the making of grants or the provision of benefits.

      (3) A council must not delegate any of its powers relating to the following:

(a) the borrowing of money or other financial accommodation;

(b) the determination of the categories of expenses payable to councillors and any member of any committee;

(c) the establishment of council committees, special committees, controlling authorities, single authorities or joint authorities;

(d) the revision of the budget or financial estimates of the council;

(e) the revision of the strategic plan and the annual plan of the council;

(f) the appointment of the general manager;

(fa) the sale, donation, exchange or other disposal of land or public land;

(fb) the decision to exercise any power under section 21(1);

(g) the making of by-laws;

(h) the making of rates and charges under Part 9;

(i) any other prescribed power.

      (4) The general manager is to –

(a) keep a register of any delegation; and

(b) make the register available for inspection at a public office.



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