397KDelegation of functions

397K Delegation of functions

397K Delegation of functions

(1) For the purposes of section 400ZE(1) of the Act, the following functions must not be delegated by a joint organisation—

(a) the appointment of an executive officer,

(b) the fixing of a fee,

(c) the borrowing of money,

(d) the voting of money for expenditure on its works, services or operations,

(e) the purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(f) the acceptance of tenders to provide services currently provided by members of staff of the joint organisation,

(g) the fixing of an amount for the carrying out by the joint organisation of work on private land,

(h) the power of the joint organisation to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194 of the Act,

(i) a decision under section 356 of the Act to contribute money or otherwise grant financial assistance to persons,

(j) the making of an application, or the giving of a notice, to the Governor or Minister,

(k) any function under this or any other Act that is expressly required to be exercised by resolution of the joint organisation,

(l) the power of delegation conferred by section 400ZE(1) of the Act,

(m) any function under section 397H, 397I or 397J of this Regulation.

(2) Despite subsection (1), a joint organisation may delegate its functions relating to the granting of financial assistance if—

(a) the financial assistance is part of a specified program, and

(b) the program applies uniformly to all persons within the joint organisation area or to a significant proportion of all the persons within that area.