Contravention of division permitted in certain circumstances—the Act, Sch 6, cl 8A
216U Contravention of division permitted in certain circumstances—the Act, Sch 6, cl 8A
A council is not required to comply with a provision of this division if—
the council is unable to comply because compliance—
was unreasonable due to a temporary circumstance, or
would have had a significant impact on the council’s budget, and
the council was unable to enter an agreement with another council or joint organisation to ensure compliance, and
the council proposes an alternative arrangement to ensure an equivalent outcome to the requirement, and
the council notifies the Departmental Chief Executive of the failure to comply within 28 days, and
the annual report of the council contains a statement about the non-compliance with details of the matters set out in paragraphs (a)–(c).
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