317Financial controller

317 Financial controller (1) The CEO of the Agency may, by Gazette notice, appoint a financial controller for a council or a local government subsidiary if the CEO considers the council or local government subsidiary is not: (a) performing its financial responsibilities appropriately; or (b) complying with this Act.

Local Government Act 2019 175 (2) A financial controller is responsible for: (a) implementing financial controls as directed by the CEO of the Agency; and (b) performing other related duties as directed by the CEO of the Agency. (3) The council or local government subsidiary must cooperate fully with the financial controller. (4) If a financial controller is appointed, the council or local government subsidiary must obtain the financial controller's authorisation before undertaking any of the following: (a) a transaction from an account kept by the council or local government subsidiary with a financial institution; (b) any other type of expenditure; (c) any future financial commitments. (5) If the financial controller believes on reasonable grounds that a decision, resolution or order to make a payment is financially unsound, the financial controller must: (a) refuse to make a payment; and (b) advise the CEO of the Agency and the council about why the decision, resolution or order is financially unsound. financially unsound, in relation to a decision, resolution or order, means the decision, resolution or order: (a) may cause the council or local government subsidiary to become insolvent; or (b) would result in unlawful expenditure by the council or local government subsidiary; or (c) would result in a disbursement from a fund that is not provided for in the council's or local government subsidiary's budget; or (d) would result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given.

Local Government Act 2019 176