13Appointment of administrator

13 Appointment of administrator

(1) The Minister may, by determination, appoint an administrator to carry out the functions of the Authority, if an Authority fails or refuses to comply with a direction of the Minister under—

(a) section 19A; or

(b) section 307 of the Water Act 1989.

(2) A determination of the Minister under subsection (1)—

(a) must specify the term for the which the Administrator is appointed, which must not be more than 12 months;

(b) must set out reasons for the actions proposed in it; and

(c) must be published in the Government Gazette; and

(d) must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the Order is made.

(3) During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board in performing the functions and duties of the Authority.

(4) Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator.

(5) On the expiry of a determination under this section the Minister must determine whether or not to—

(a) reinstate to his or her office each member of the board of the Authority whose term has not expired; or

(b) dismiss each member of the board of the Authority.

(6) The administrator goes out of office—

(a) if members are reinstated under subsection (5)(a), at the time of that reinstatement; or

(b) if all the members are dismissed under subsection (5)(b), on the appointment of new members—

as the case requires.

(7) If the term of appointment of the administrator expires and a determination under subsection (5) has not been made, members of the board of the Authority whose term has not expired, are re‑instated.

S. 13(8) inserted by No. 48/2021 s. 124.

(8) This section does not apply to Melbourne Water Corporation.

S. 14 amended by No. 39/1998
s. 6(2)(Sch. 1 item 5), substituted by No. 85/2006 s. 151, amended by No. 48/2021 s. 125 (ILA s. 39B(1)).