Commencement of legal proceedings on behalf of council
329 Commencement of legal proceedings on behalf of council
(1) Subject to subsection (2), a council must not commence legal proceedings (including proceedings for an offence) unless as authorised by resolution.
(2) Legal proceedings may be commenced under subsection (1) in the name of a council by the CEO or some other person authorised by the council to bring the proceedings on its behalf.
(3) The following legal proceedings may be commenced in the absence of a resolution of the council:
prosecution of an offence against a by-law;
debt recovery;
any other legal proceeding prescribed by regulation.
(4) Proceedings for an offence against this Act may be commenced at any time within 3 years after the date on which the offence is alleged to have been committed.
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