Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p26
Version: federal_register_of_legislation:C2004A04677
Segment Type: other
Provision Reference: 
Character Range: 68565–71496

Councillors if Regional Council contravenes certain statutory obligations

  "123A.(1) If a Regional Council:

    (a) refuses or fails to perform the functions conferred on it by paragraph 94(1)(a) (which relates to regional plans); or

    (b) refuses or fails to comply with section 97 (which deals with draft budgets); or

    (c) refuses or fails to comply with section 99 (which deals with annual reports);

the Commission may, by notice in the Gazette:

  (d) remove the Regional Councillors from office; and

    (e) appoint an Administrator to administer the affairs of the Regional Council.

"(2) The Commission must not remove the Regional Councillors from office unless the Commission has:

  (a) by written notice served on the Regional Councillors:

        (i) given the Regional Councillors 28 days within which to show cause why they should not be removed; and

        (ii) given reasons for the removal; and

  (b) told the Minister that it intends to so remove the Regional Councillors.

  "(3) If:

    (a) on a particular day (the 'appointment day'), the Commission makes a decision under subsection (1) to:

        (i) remove Regional Councillors from office; and

        (ii) appoint an Administrator to administer the affairs of the Regional Council concerned; and

    (b) on a later day (the 'review day'), a court or the Administrative Appeals Tribunal makes a decision or order quashing or setting aside the decision of the Commission;

anything done, or omitted to be done, by the Administrator during the period:

  (c) beginning on the appointment day; and

  (d) ending on whichever is the later of the following days:

        (i) the review day;

        (ii) the day on which the decision or order of the court or the Administrative Appeals Tribunal takes effect;

is as valid as it would have been if the decision of the Commission had been validly made and had not been quashed or set aside.".

Review by Administrative Appeals Tribunal

72. Section 196 of the Principal Act is amended by inserting after paragraph (1)(f) the following paragraph:

  "(fa) a decision of the Commission under section 123A to:

        (i) remove Regional Councillors from office; and

        (ii) appoint an Administrator to administer the affairs of a Regional Council;".

PART 26—AMENDMENT RELATING TO THE POWER OF THE DIRECTOR OF EVALUATION AND AUDIT TO EXAMINE DOCUMENTS

Insertion of new section

  73. After section 78 of the Principal Act the following section is inserted:

Examination of documents etc.

This section applies to the evaluation and audit of certain individuals and bodies

  "78A.(1) This section applies if the Office of Evaluation and Audit:

     (a) evaluates or audits the operations of a body in accordance with paragraph 76(1)(b), (f) or (g); or

     (b) evaluates or audits the activities of an individual in accordance with paragraph 76(1)(e).

Authorised person

"(2) The