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City of Brisbane Act 2010
sec.92CInvalidity of major policy decision in caretaker period without approval
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### sec.92C Invalidity of major policy decision in caretaker period without approval
A major policy decision made by the council during a caretaker period for the council is invalid to the extent the council—
does not have the Minister’s approval under section 92BA or 92BB to make the decision; or
does not comply with any conditions of the approval under section 92BA (4) or 92BB (4) .
A contract is void if it is the subject of a major policy decision that is invalid.
A person who acts in good faith in relation to a major policy decision of the council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the council for the loss or damage.
The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.
s 92C ins 2011 No. 27 s 246
amd 2026 No. 5 s 141 s ch 1 pt 1
(sec.92C-ssec.1) A major policy decision made by the council during a caretaker period for the council is invalid to the extent the council— does not have the Minister’s approval under section 92BA or 92BB to make the decision; or does not comply with any conditions of the approval under section 92BA (4) or 92BB (4) .
(sec.92C-ssec.2) A contract is void if it is the subject of a major policy decision that is invalid.
(sec.92C-ssec.3) A person who acts in good faith in relation to a major policy decision of the council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the council for the loss or damage.
(sec.92C-ssec.4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.
- (a) does not have the Minister’s approval under section 92BA or 92BB to make the decision; or
- (b) does not comply with any conditions of the approval under section 92BA (4) or 92BB (4) .