sec.202Requirements for councillors about discretionary funds— Act , s 109

### sec.202 Requirements for councillors about discretionary funds— Act , s 109 A councillor may allocate the councillor’s discretionary funds under this section in any of the following ways— for capital works of the local government that are for a community purpose; to a community organisation for a community purpose; for another community purpose. A councillor may make an allocation under subsection (1) (a) only if— before the allocation is made, it is approved by— if the councillor is the mayor—the deputy mayor and the chief executive officer; or otherwise—the mayor and the chief executive officer; and the amount stated in the availability notice under section 201B (4) (d) (i) is not exceeded if the allocation is made. A councillor may make an allocation under subsection (1) (b) only if— the funds are allocated— to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and in a way that is consistent with the local government’s community grants policy; and the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made. A councillor may make an allocation under subsection (1) (c) only if the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made. A councillor— may allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and must not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act . In deciding whether to approve an allocation under subsection (2) (a) , the mayor, deputy mayor or chief executive officer must have regard to the local government’s 5-year corporate plan, long-term asset management plan and annual budget. s 202 amd 2019 SL No. 229 s 18 sub 2019 SL No. 229 s 20 amd 2025 SL No. 161 s 20 (sec.202-ssec.1) A councillor may allocate the councillor’s discretionary funds under this section in any of the following ways— for capital works of the local government that are for a community purpose; to a community organisation for a community purpose; for another community purpose. (sec.202-ssec.2) A councillor may make an allocation under subsection (1) (a) only if— before the allocation is made, it is approved by— if the councillor is the mayor—the deputy mayor and the chief executive officer; or otherwise—the mayor and the chief executive officer; and the amount stated in the availability notice under section 201B (4) (d) (i) is not exceeded if the allocation is made. (sec.202-ssec.3) A councillor may make an allocation under subsection (1) (b) only if— the funds are allocated— to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and in a way that is consistent with the local government’s community grants policy; and the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made. (sec.202-ssec.4) A councillor may make an allocation under subsection (1) (c) only if the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made. (sec.202-ssec.5) A councillor— may allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and must not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act . (sec.202-ssec.6) In deciding whether to approve an allocation under subsection (2) (a) , the mayor, deputy mayor or chief executive officer must have regard to the local government’s 5-year corporate plan, long-term asset management plan and annual budget. - (a) for capital works of the local government that are for a community purpose; - (b) to a community organisation for a community purpose; - (c) for another community purpose. - (a) before the allocation is made, it is approved by— (i) if the councillor is the mayor—the deputy mayor and the chief executive officer; or (ii) otherwise—the mayor and the chief executive officer; and - (i) if the councillor is the mayor—the deputy mayor and the chief executive officer; or - (ii) otherwise—the mayor and the chief executive officer; and - (b) the amount stated in the availability notice under section 201B (4) (d) (i) is not exceeded if the allocation is made. - (i) if the councillor is the mayor—the deputy mayor and the chief executive officer; or - (ii) otherwise—the mayor and the chief executive officer; and - (a) the funds are allocated— (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and (ii) in a way that is consistent with the local government’s community grants policy; and - (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and - (ii) in a way that is consistent with the local government’s community grants policy; and - (b) the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made. - (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and - (ii) in a way that is consistent with the local government’s community grants policy; and - (a) may allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and - (b) must not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act .