Western Australian Consolidated Acts

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WATER CORPORATION ACT 1995 - SECT 70

70 .         Notice of financial difficulty

        (1)         The board must notify the Minister if the board forms the opinion that the corporation or a subsidiary is unable to, or will be unlikely to be able to, satisfy any financial obligation, of the corporation or the subsidiary from the financial resources available or likely to be available to the corporation or the subsidiary at the time the financial obligation is due.

        (2)         The notice must — 

            (a)         be in writing;

            (b)         provide the reasons for the board’s opinion; and

            (c)         provide such other information as the board considers relevant.

        (3)         Within 7 days of receipt of the notice, the Minister must — 

            (a)         confer with the Treasurer and the board for the purpose of determining what action is required to ensure that the corporation or subsidiary is able to satisfy the relevant financial obligation when it is due; and

            (b)         initiate such action as is required to ensure that the corporation or subsidiary is able to satisfy the relevant financial obligation when it is due.

        (4)         For the purposes of subsection (3) the Minister may give directions to the corporation including a direction requiring the corporation or any subsidiary to cease or limit the performance of any function.

        (5)         The board must give effect to any such direction and must ensure that it is complied with in relation to any relevant subsidiary.

        (6)         The Minister must within 14 days after a direction has been given under subsection (4) cause a copy of it to be laid before each House of Parliament or dealt with in accordance with section 87.



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