137Order by Treasurer

137 Order by Treasurer

137 Order by Treasurer

(1) The Treasurer may, by order in writing served on a council, require the council to take any action that, in the opinion of the Treasurer, is necessary to remedy or restrain a breach of this Act by the council.

(2) An action includes refraining from doing something.

(3) Without limiting subsection (1), the Treasurer may make an order under this section if the Treasurer receives a compliance certificate about the council and the certificate specifies compliance issues.

(4) A compliance certificate is sufficient evidence to justify making an order under this section in relation to any compliance issues specified in the certificate.

(5) The Treasurer may, but is not required to, give the council prior notice of the Treasurer’s intention to make an order under this section.

(6) A council must not fail to comply with an order under this section.

(7) The Treasurer is to advise the Minister administering the Local Government Act 1993 of any order that the Treasurer makes under this section.

Note—

The Minister administering the Local Government Act 1993 has power under Part 6 of Chapter 13 of that Act to take various actions to redress a failure by a council to meet its legislative responsibilities.