Local Government Act 1993
409The consolidated fund
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409 The consolidated fund
409 The consolidated fund
(1) All money and property received by a council must be held in the council’s consolidated fund unless it is required to be held in the council’s trust fund.
(2) Money and property held in the council’s consolidated fund may be applied towards any purpose allowed by this or any other Act.
(3) However—
(a) money that has been received as a result of the levying of a special rate or charge may not be used otherwise than for the purpose for which the rate or charge was levied, and
(b) money that is subject to the provisions of this or any other Act (being provisions that state that the money may be used only for a specific purpose) may be used only for that purpose, and
(c) money that has been received from the Government or from a public authority by way of a specific purpose advance or grant may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose.
(d) (Repealed)
(4) Pending its expenditure for the purpose for which it is held, money of the kind referred to in subsection (3)(a), (b) or (c) may not be held otherwise than in an account with a bank, building society or credit union or in an investment in which such money is, by or under this or any other Act, authorised to be invested.
(5) Despite subsections (3) and (4), a council may—
(a) deduct, from the money required by subsection (3) to be used only for the specific purpose of water supply or sewerage services, an amount in the nature of a return on capital invested payment (dividend), and
(b) apply that amount towards any purpose allowed for the expenditure of money by councils by this Act or any other Act.
(5A) Despite subsection (3)(a), money received by Central Coast Council as a result of the levying of a special rate or charge for the purposes of water supply or sewerage services may be used for water supply or sewerage services.
(6) The Minister for Water, Property and Housing, with the concurrence of the Minister administering this Act—
(a) is to cause guidelines to be prepared and published in the Gazette relating to the management of the provision of water supply and sewerage services by councils, and