sec.105GFFailure to comply with compliance notice for schedule 5 condition

### sec.105GF Failure to comply with compliance notice for schedule 5 condition This section applies if— a local government has entered into a local government tollway franchise agreement for the local government tollway; and the Minister has given the local government a compliance notice; and the local government or local government franchisee fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and the condition is a condition mentioned in schedule 5 . The Minister may give the local government a notice (a schedule 5 step-in notice ) that states the following— that the Minister believes the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; briefly, how it is believed the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5 step-in notice; the steps the local government must take— to stop contravening the condition or to rectify the matter; or to ensure the local government franchisee stops contravening the condition or rectifies the matter; the stated reasonable period, not less than 7 days after the day the schedule 5 step-in notice is given, in which the contravention must stop or the matter must be rectified; that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may exercise powers under subsection (4) . The local government must, as required by the schedule 5 step-in notice and unless the local government has a reasonable excuse— stop contravening the condition or rectify the matter; or ensure the local government franchisee stops contravening the condition or rectifies the matter. If the local government fails to comply with the schedule 5 step-in notice, the chief executive may exercise the powers of the local government under the local government tollway franchise agreement for the purpose of, and only for the purpose of, enforcing the local government’s rights under the agreement in relation to the contravention of the condition. The chief executive may exercise rights under subsection (4) — as if the chief executive were— a party to the local government tollway franchise agreement in place of the local government; and subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and without relieving the local government from any of its obligations and responsibilities under the local government tollway franchise agreement. If the chief executive incurs costs, losses or expenses because of the exercise of powers under subsection (4) , the amount of the costs, losses or expenses— is a debt payable to the State by the local government; and may be recovered as a debt by action against the local government. The Minister must also give a copy of the schedule 5 step-in notice to the local government franchisee. s 105GF ins 2006 No. 21 s 120 (sec.105GF-ssec.1) This section applies if— a local government has entered into a local government tollway franchise agreement for the local government tollway; and the Minister has given the local government a compliance notice; and the local government or local government franchisee fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and the condition is a condition mentioned in schedule 5 . (sec.105GF-ssec.2) The Minister may give the local government a notice (a schedule 5 step-in notice ) that states the following— that the Minister believes the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; briefly, how it is believed the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5 step-in notice; the steps the local government must take— to stop contravening the condition or to rectify the matter; or to ensure the local government franchisee stops contravening the condition or rectifies the matter; the stated reasonable period, not less than 7 days after the day the schedule 5 step-in notice is given, in which the contravention must stop or the matter must be rectified; that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may exercise powers under subsection (4) . (sec.105GF-ssec.3) The local government must, as required by the schedule 5 step-in notice and unless the local government has a reasonable excuse— stop contravening the condition or rectify the matter; or ensure the local government franchisee stops contravening the condition or rectifies the matter. (sec.105GF-ssec.4) If the local government fails to comply with the schedule 5 step-in notice, the chief executive may exercise the powers of the local government under the local government tollway franchise agreement for the purpose of, and only for the purpose of, enforcing the local government’s rights under the agreement in relation to the contravention of the condition. (sec.105GF-ssec.5) The chief executive may exercise rights under subsection (4) — as if the chief executive were— a party to the local government tollway franchise agreement in place of the local government; and subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and without relieving the local government from any of its obligations and responsibilities under the local government tollway franchise agreement. (sec.105GF-ssec.6) If the chief executive incurs costs, losses or expenses because of the exercise of powers under subsection (4) , the amount of the costs, losses or expenses— is a debt payable to the State by the local government; and may be recovered as a debt by action against the local government. (sec.105GF-ssec.7) The Minister must also give a copy of the schedule 5 step-in notice to the local government franchisee. - (a) a local government has entered into a local government tollway franchise agreement for the local government tollway; and - (b) the Minister has given the local government a compliance notice; and - (c) the local government or local government franchisee fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and - (d) the condition is a condition mentioned in schedule 5 . - (a) that the Minister believes the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; - (b) briefly, how it is believed the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5 step-in notice; - (c) the steps the local government must take— (i) to stop contravening the condition or to rectify the matter; or (ii) to ensure the local government franchisee stops contravening the condition or rectifies the matter; - (i) to stop contravening the condition or to rectify the matter; or - (ii) to ensure the local government franchisee stops contravening the condition or rectifies the matter; - (d) the stated reasonable period, not less than 7 days after the day the schedule 5 step-in notice is given, in which the contravention must stop or the matter must be rectified; - (e) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may exercise powers under subsection (4) . - (i) to stop contravening the condition or to rectify the matter; or - (ii) to ensure the local government franchisee stops contravening the condition or rectifies the matter; - (a) stop contravening the condition or rectify the matter; or - (b) ensure the local government franchisee stops contravening the condition or rectifies the matter. - (a) as if the chief executive were— (i) a party to the local government tollway franchise agreement in place of the local government; and (ii) subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and (iii) entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and - (i) a party to the local government tollway franchise agreement in place of the local government; and - (ii) subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and - (iii) entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and - (b) without relieving the local government from any of its obligations and responsibilities under the local government tollway franchise agreement. - (i) a party to the local government tollway franchise agreement in place of the local government; and - (ii) subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and - (iii) entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and - (a) is a debt payable to the State by the local government; and - (b) may be recovered as a debt by action against the local government.