QLDIn ForceRegulation
Local Government Regulation 2012
sec.238Entering into a contract under a delegation
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### sec.238 Entering into a contract under a delegation
This section applies if a local government delegates, under section 257 of the Act , power to make, amend or discharge a contract for the local government.
The chief executive officer may delegate a power delegated by a local government. See the Act , section 259 .
The delegate may make, amend or discharge a contract (the contractual action ) for the local government if—
the local government’s expenditure because of the contractual action has been provided for in the approved annual budget for—
the financial year when the contractual action is taken; or
the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or
the contractual action has been taken because of genuine emergency or hardship.
The delegate may take the contractual action in the same way as an individual.
This section does not affect another law that requires—
an approval, consent or permission to be obtained; or
a procedure to be complied with for taking the contractual action.
(sec.238-ssec.1) This section applies if a local government delegates, under section 257 of the Act , power to make, amend or discharge a contract for the local government. The chief executive officer may delegate a power delegated by a local government. See the Act , section 259 .
(sec.238-ssec.2) The delegate may make, amend or discharge a contract (the contractual action ) for the local government if— the local government’s expenditure because of the contractual action has been provided for in the approved annual budget for— the financial year when the contractual action is taken; or the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or the contractual action has been taken because of genuine emergency or hardship.
(sec.238-ssec.3) The delegate may take the contractual action in the same way as an individual.
(sec.238-ssec.4) This section does not affect another law that requires— an approval, consent or permission to be obtained; or a procedure to be complied with for taking the contractual action.
- (a) the local government’s expenditure because of the contractual action has been provided for in the approved annual budget for— (i) the financial year when the contractual action is taken; or (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or
- (i) the financial year when the contractual action is taken; or
- (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or
- (b) the contractual action has been taken because of genuine emergency or hardship.
- (i) the financial year when the contractual action is taken; or
- (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or
- (a) an approval, consent or permission to be obtained; or
- (b) a procedure to be complied with for taking the contractual action.