10Appointment of an administrator

10 Appointment of an administrator

(1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage a public cemetery.

S. 10(2) substituted by No. 61/2009 s. 14.

(2) The Minister may only make a recommendation referred to in subsection (1) in respect of a public cemetery managed by a Class B cemetery trust if, in his or her opinion—

(a) the public cemetery is being inefficiently or incompetently managed; or

(b) the appointment is necessary to protect the interests of the public; or

(c) the Class B cemetery trust has failed to comply with a direction under section 18 or 50 and that failure justifies the appointment of an administrator; or

(d) after an audit under section 50 or an audit or investigation under section 51 has been conducted into the Class B cemetery trust, the outcome of that audit or investigation justifies the appointment of an administrator.

S. 10(2A) inserted by No. 61/2009 s. 14.

(2A) The Minister may only make a recommendation referred to in subsection (1) in respect of a public cemetery managed by a Class A cemetery trust if, in his or her opinion—

(a) the public cemetery is being inefficiently or incompetently managed; or

(b) the appointment is necessary to protect the interests of the public; or

(c) the Class A cemetery trust has failed significantly to meet its outcomes as specified in its annual plan; or

(d) the Class A cemetery trust has failed to comply with a direction under section 18 and that failure justifies the appointment of an administrator; or

(e) after an audit or an investigation has been conducted under section 51 into the Class A cemetery trust, the outcome of that audit or investigation justifies the appointment of an administrator.

(3) On the appointment of an administrator—

(a) the members of the cemetery trust of the public cemetery cease to hold office; and

(b) the administrator acquires all the functions, powers, immunities and duties of the members of the cemetery trust.

(4) The Governor in Council, by order published in the Government Gazette, may replace an administrator—

(a) with another administrator; or

(b) by declaring that the administration is to end and by appointing members to the cemetery trust in accordance with section 6.

(5) If the Governor in Council makes an order under subsection (4), the administrator who is being replaced ceases to hold office—

S. 11 amended by No. 61/2009 s. 15.