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s 318

Official management of councils

In force
Chapter 17Defaulting councils
Part 17.3Official management

318 Official management of councils

(1) If the Minister is satisfied that there are or there may be serious deficiencies identified in the conduct of a council's affairs, the Minister may, by Gazette notice, place the council under official management.

(2)

When the Minister places a council under official management:

(a)

all members of the council are suspended from office; and

(ab) a suspended member is not entitled to any remuneration, allowances, expenses or benefits during the period of suspension; and

(b) despite section 135, if a periodic general election is scheduled to be held for the period of official management – the council does not participate in the election; and

(c)

the Minister:

(i) must appoint a suitable person to manage the affairs of the council (the official manager); and

(ii) must appoint a suitable person (who may – but need not – be the official manager) to investigate and report back to the Minister, within a period allowed by the Minister, on the conduct of the suspended members and the affairs and financial position of the council (the investigator).

(3)

The investigator has the powers of an inspector.

(4) The Minister may extend the time allowed for the investigator's report.

(5) When the Minister receives the investigator's report, the Minister must invite written submissions from the following within a reasonable period (of at least 21 days) specified in the invitation:

(a)

the suspended members;

(b) any other person against whom the investigator has made a significant adverse finding in the report.

(6) No later than 12 months after placing the council under official management, and after considering any submissions made in response to an invitation under subsection (5), the Minister must, by Gazette notice:

(a)

reinstate all of the suspended members; or

(b)

dismiss all of the suspended members from office.

(7) The investigator ceases to hold office when the Minister reinstates or dismisses all of the suspended members under subsection (6).

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Section 318 — Official management of councils — Local Government Act 2019 (Northern Territory) — Barrister AI