Fire and Emergency Services Levy Act 2017

The Chief Commissioner may, at the request of the Treasurer or on his or her own initiative, give to the Treasurer a certificate, in writing, about the Chief Commissioner’s assessment of a local council’s compliance with any of its financial obligations (a compliance certificate).

The Chief Commissioner may, in a compliance certificate, give an opinion as to whether or not the local council is complying with any of its financial obligations.

If the Chief Commissioner considers that he or she does not have sufficient information or evidence to be satisfied that the local council is complying with any of its financial obligations, the Chief Commissioner may state in the certificate that he or she is unable to give an opinion on the matter, for that reason.

The compliance certificate is to specify any compliance issues identified by the Chief Commissioner.

A compliance issue is any fact or circumstance that—

forms the basis of the Chief Commissioner’s opinion that the local council is not complying with any of its financial obligations, or

because of which, the Chief Commissioner considers that he or she does not have sufficient information or evidence to be satisfied that the local council is complying with any of its financial obligations.

Before issuing a compliance certificate that specifies compliance issues, the Chief Commissioner must—

give the local council an opportunity to make submissions in relation to the compliance issues within a period (of not less than 30 days) specified by the Chief Commissioner, and

take into consideration any submissions made by the local council during that period.

The Chief Commissioner is to provide a copy of a compliance certificate issued by the Chief Commissioner to the local council to which it relates.

A compliance certificate is admissible in any legal proceedings and is evidence of any compliance issues specified in the certificate.