41NASpecial provisions relating to non-financially viable Councils [NSW]

41NA Special provisions relating to non-financially viable Councils [NSW]

41NA Special provisions relating to non-financially viable Councils [NSW]

(1) The Minister may, if satisfied that a Council is not financially viable, make either or both of the following directions—

(a) a direction in writing to the Council that the Council delegate such of its functions as are specified in the direction to another Council, or to a person, designated by the Minister in the direction;

(b) a direction in writing to the Executive Officer of the Council that the Executive Officer delegate such of the Executive Officer’s functions as are specified in the direction to a person designated by the Minister in the direction.

The Council or Executive Officer must comply with any such direction.

(2) The NSW regulations may modify the functions of a Council (including modification of any of the Council’s auditing or reporting requirements) as a consequence of—

(a) any direction under subsection (1), or

(b) the financial non-viability of the Council.

(3) Any such regulation may not be made in relation to a Council unless the Minister has certified that, in the opinion of the Minister, the Council is not financially viable.

(4) Any direction by the Minister under subsection (1) is to be made publicly available.

s 41NA: Ins 2016 No 4, Sch 1 [2].