45Power to Governor in Council to transfer municipal officers' powers

45 Power to Governor in Council to transfer municipal officers' powers S. 45(1) amended by Nos 6956 s. 12(2), 7877 s. 11, 10004 s. 12(a), 10149 s. 21(1)(e) (as amended by Nos 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.26), 39/1992 s. 5(3)(i), 5/2012 s. 36. (1) Where the Governor in Council is satisfied upon a report of the Authority that the powers and duties conferred and imposed by this Part upon the fire prevention officer of a municipal council are not being properly and efficiently carried out in the municipal district of any municipal council, the Governor in Council may by Order published in the Government Gazette direct that such powers and duties shall for such period as is specified in the Order be vested in and imposed upon a person nominated by the Authority for the purpose in respect of any part of the country area of Victoria within the municipal district but any officer so nominated shall be subject to the general direction and control of the Authority and the Chief Officer. S. 45(2) amended by Nos 9389 s. 4(c), 9902 s. 2(1)(Sch. item 38), 10004 s. 12(b), 10149 s. 21(1)(e) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.27), 57/1989 s. 3(Sch. item 36.4), 39/1992 s. 5(3)(j). (2) Upon the publication of any such Order the powers and duties of such fire prevention officer shall for the specified period be so vested in and imposed upon the person named or referred to in the Order, and the provisions of this Division shall with the necessary adaptations be read and construed accordingly, and the expenses of the carrying out of such powers and duties, as determined by the Governor in Council, shall (to the extent that they are not otherwise paid or recovered) be borne by and may irrespective of amount be recovered from the municipal council by the Authority in the Magistrates' Court as a civil debt recoverable summarily. No. 5040 s. 47. S. 46 amended by Nos 10149 s. 21(1)(f)(i)(ii) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.28), 2/1995 s. 13(h).