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LOCAL GOVERNMENT ACT 1993 - SECT 38 Rules of authorities

LOCAL GOVERNMENT ACT 1993 - SECT 38

Rules of authorities

(1)  The rules of a single authority or joint authority are to provide for the following:
(a) the membership of the authority;
(b) the proceedings of the authority;
(c) financial contributions to the authority by the relevant single authority council or participating councils;
(d) the specific functions and specific powers of the authority;
(da) the setting of goals and objectives of the authority;
(e) the rules of conduct of the business of the authority;
(f) the manner in which assets of the authority are to be distributed in the event of it being wound up;
(g) the manner in which any dividend is to be paid;
(h) the withdrawal of a participating council from membership of the joint authority;
(i) the proportions in which the participating councils are to be responsible for the liabilities of a joint authority in the event of its insolvency;
(j) .  .  .  .  .  .  .  .  
(k) the keeping and use of the common seal;
(l) the attestation of execution of documents;
(m) any other prescribed matter.
(2)  In the case of a single authority or joint authority to which Part 3A applies, the rules are to –
(a) be consistent with the requirements of the corporatisation model for government business enterprises referred to in the Competition Principles Agreement made between the Commonwealth, the States and the Territories; and
(b) provide for the following:
(i) dividends payable by the authority in respect of the results of the financial transactions of the authority during each financial year;
(ii) the method by which payments received from the Treasurer and comptroller under Part 3A are to be distributed between participating councils;
(iii) the method by which a comptroller is to be appointed for the purposes of Part 3A and the requirements for that appointment;
(iv) the matters referred to in subsection (3)(a) and (b) .
(3)  The rules may provide for the following:
(a) a board of management to perform specified functions and exercise specified powers of the single authority or joint authority;
(b) the appointment by that board of a chief executive officer to be responsible for the administration and operation of the authority;
(c) the appointment by the chief executive officer of persons to assist the board in performing its functions and exercising its powers;
(d) the delegation of functions and powers of the board to the chief executive officer;
(e) the delegation of functions and powers of the chief executive officer to a person appointed under paragraph (c) ;
(f) the transfer of employees and the rights and entitlements of employees transferred –
(i) from a council to a single authority or a joint authority; or
(ii) from a single authority or joint authority to a council;
(g) the transfer of assets and liabilities –
(i) from a single authority or joint authority to a council; or
(ii) from a council to a single authority or joint authority;
(h) the fixing and imposition of fees and charges relating to any goods or services provided by the authority;
(i) the making of by-laws in accordance with Part 11 .
(3A)  If a board of management is provided for under subsection (3)(a) , the rules of a single authority or joint authority are to provide for consultation between the membership of the authority and the board of management in respect of the strategic direction to be taken by the authority.
(4)  Subject to this section, the rules are not to provide for functions and powers that –
(a) exceed the functions and powers of a council; or
(b) empower the making of any rate or charge referred to in Part 9 ; or
(c) empower the imposition of any fee or charge referred to in section 205 .
(5)  The rules may be amended –
(a) by the absolute majority of a single authority council; or
(b) by the majority of the participating councils; or
(c) if there are only 2 participating councils, by both the councils.
(6)  Any amendments to the rules are to be dealt with as if they were proposed rules.
(7)  Subsection (6) does not apply if the amendment –
(a) is of a technical or administrative nature; or
(b) does not significantly alter the purpose or objectives of the single authority or joint authority; or
(c) does not significantly alter the interaction between the authority and the public.