400ZHApplication of Act to joint organisations

#### 400ZH Application of Act to joint organisations 400ZH Application of Act to joint organisations > > (1) Except as provided by subsection (3), this Act applies— > > > > > (a) to a joint organisation in the same way as it applies to a council, and > > > > > (b) to the representatives on the board of a joint organisation in the same way as it applies to the councillors of councils, and > > > > > (c) to the executive officer of a joint organisation in the same way as it applies to the general manager of a council. > > > (2) In the application of this Act to a joint organisation and to a representative on the board of a joint organisation— > > > > > (a) a reference to the mayor of a council includes a reference to the chairperson of a joint organisation, and > > > > > (b) a reference to mayoral office includes a reference to the office of the chairperson of a joint organisation, and > > > > > (c) a reference to a councillor includes a reference to a voting representative on or a non-voting chairperson of the board of a joint organisation, and > > > > > (d) a reference to the holding of civic office includes a reference to holding office as a voting representative on or a non-voting chairperson of the board of a joint organisation, and > > > > > (e) a reference to the general manager of a council includes a reference to the executive officer of a joint organisation, and > > > > > (f) a reference to the area of a council includes a reference to the joint organisation area of a joint organisation, and > > > > > (g) a reference to a proclamation under Chapter 9 includes a reference to a proclamation under this Part. > > > (3) The following provisions (the excluded provisions) of this Act do not apply to or in respect of a joint organisation— > > > > > (a) Chapter 3, > > > > > (b) Part 3 of Chapter 4, > > > > > (c) Chapter 6 (other than Part 3), > > > > > (d) Chapter 7, > > > > > (e) Chapter 9, > > > > > (f) Chapter 10, > > > > > (g) sections 335 and 342, > > > > > (h) sections 355, 365, 370, 371, 375A and 377–380 and Part 5 of Chapter 12, > > > > > (i) Parts 2 and 4 of Chapter 13 and sections 438T, 438ZA and 438ZB, > > > > > (j) Chapter 15 (other than Parts 10, 12 and 13 and section 620), > > > > > (k) Division 4 of Part 2 of Chapter 17, > > > > > (l) section 736(2), > > > > > (m) Schedules 1–5, > > > > > (n) any other provisions prescribed by the regulations for the purposes of this section. > > > (4) Despite subsection (3), an excluded provision applies to or in respect of a joint organisation if— > > > > > (a) the joint organisation is exercising a function of a council conferred on the joint organisation by or under this Act and the excluded provision is applicable to or in respect of the function, or > > > > > (b) the regulations provide that the provision is not an excluded provision in relation to the specified joint organisation, a class of joint organisations (that includes that organisation) or all joint organisations, or > > > > > (c) the provision applies expressly to a joint organisation or applies expressly or impliedly to all bodies constituted under this Act. > > > (5) The regulations may— > > > > > (a) modify the application of any provision of this Act that applies to or in respect of a council for the purpose of its application to a joint organisation, or > > > > > (b) exclude a provision of this Act from applying to or in respect of a joint organisation. > > > > Note. > > > > The provisions applied to joint organisations by this section include provisions relating to codes of conduct and protection against personal liability (section 731). > > **ss 400W–400ZH:** Ins 2017 No 65, Sch 1 \[10\].