Fire and Emergency Services Levy Act 2017
133Valuer-General may issue compliance certificate
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133 Valuer-General may issue compliance certificate
133 Valuer-General may issue compliance certificate
(1) The Valuer-General may, at the request of the Treasurer or on his or her own initiative, give to the Treasurer a certificate, in writing, about the Valuer-General’s assessment of a council’s compliance with any of its classification obligations (a compliance certificate).
(2) The Valuer-General may, in a compliance certificate, give an opinion as to whether or not the council is complying with any of its classification obligations.
(3) If the Valuer-General considers that he or she does not have sufficient information or evidence to be satisfied that the council is complying with any of its classification obligations, the Valuer-General may state in the certificate that he or she is unable to give an opinion on the matter, for that reason.
(4) The compliance certificate is to specify any compliance issues identified by the Valuer-General.
(5) A compliance issue is any fact or circumstance that:
(a) forms the basis of the Valuer-General’s opinion that the council is not complying with any of its classification obligations, or
(b) because of which, the Valuer-General considers that he or she does not have sufficient information or evidence to be satisfied that the council is complying with any of its classification obligations.
(6) Before issuing a compliance certificate that specifies compliance issues, the Valuer-General must:
(a) give the council an opportunity to make submissions in relation to the compliance issues within a period (of not less than 30 days) specified by the Valuer-General, and
(b) take into consideration any submissions made by the council during that period.
(7) The Valuer-General is to provide a copy of a compliance certificate issued by the Valuer-General to the council to which it relates.
(8) A compliance certificate is admissible in any legal proceedings and is evidence of any compliance issues specified in the certificate.