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Local Government (General) Regulation 2021
397KDelegation of functions
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#### 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—
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> > > (a) the appointment of an executive officer,
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> > > (b) the fixing of a fee,
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> > > (c) the borrowing of money,
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> > > (d) the voting of money for expenditure on its works, services or operations,
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> > > (e) the purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),
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> > > (f) the acceptance of tenders to provide services currently provided by members of staff of the joint organisation,
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> > > (g) the fixing of an amount for the carrying out by the joint organisation of work on private land,
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> > > (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,
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> > > (i) a decision under section 356 of the Act to contribute money or otherwise grant financial assistance to persons,
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> > > (j) the making of an application, or the giving of a notice, to the Governor or Minister,
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> > > (k) any function under this or any other Act that is expressly required to be exercised by resolution of the joint organisation,
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> > > (l) the power of delegation conferred by section 400ZE(1) of the Act,
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> > > (m) any function under section 397H, 397I or 397J of this Regulation.
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> > (2) Despite subsection (1), a joint organisation may delegate its functions relating to the granting of financial assistance if—
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> > > (a) the financial assistance is part of a specified program, and
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> > > (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.