173ERight of intervention in management

173E Right of intervention in management (1) The Ministers may intervene in the management of the contractor's operations under an administrative services agreement if the Ministers determine that— (a) a default has occurred that entitles the Crown to terminate the administrative services agreement; or (b) an emergency situation exists that requires the intervention in the interests of public safety; or (c) the contractor's operations under the administrative services agreement are preventing or impairing the efficient— (i) detection of infringements; or S. 173E (1)(c)(ia) inserted by No. 17/2022 s. 20. (ia) processing of infringement notices; or (ii) referral of court fines or enforcement hearing orders; or (iii) registration of registered fines or collection and enforcement orders; or (iv) enforcement of penalties, registered fines, collection and enforcement orders or enforcement warrants; or (v) functioning of any court. (2) If the Ministers intervene in the management of the contractor's operations under an administrative services agreement, the Ministers may appoint an administrator to manage those operations until the Ministers determine that— (a) the emergency is over; or (b) the contractor is able to manage the contractor's operations under the administrative services agreement to the satisfaction of the Ministers. (3) If an administrator is appointed under subsection (2), for the period of that appointment— (a) the contractor or a sub-contractor must act in relation to the management of the contractor's operations under the administrative services agreement in accordance with the directions of the administrator; or (b) the contractor or a sub-contractor must, as directed by the administrator, cease to act in relation to the management of the contractor's operations under the administrative services agreement completely or to the extent specified in the direction. (4) A person engaged or employed by a contractor or sub-contractor to act in relation to the management of the contractor's operations under an administrative services agreement must comply with the directions of the administrator in doing so. (5) An administrator appointed under subsection (2) has and may carry out or exercise for the period of the appointment all of the functions or powers of the contractor or any sub-contractor in relation to the management of the contractor's operations under the administrative services agreement. (6) The Secretary must provide the administrator with any assistance necessary to the carrying out of the administrator's functions or exercise of the administrator's powers under this section. (7) Nothing in this section limits, or takes away from, any function or power conferred on a person (including a person on whom a function or power is conferred by this section other than a contractor or sub-contractor), whether under this Act or any other Act or otherwise, including an administrative services agreement. S. 173F inserted by No. 59/2017 s. 62.