Appointment of administrator
91 Appointment of administrator
The Minister may, by determination, appoint an administrator to carry out the functions of a water corporation, if the water corporation has failed to comply with a direction of the Minister under section 307.
S. 91(1A) inserted by No. 48/2021 s. 65(1).
In addition to the power to appoint an administrator under subsection (1), the Minister may, by determination, appoint an administrator to carry out the functions of Melbourne Water Corporation, if Melbourne Water Corporation has failed to comply with a direction under section 19A of the Catchment and Land Protection Act 1994 of the Minister administering that Act.
S. 91(2) amended by No. 48/2021 s. 65(2).
A determination of the Minister under subsection (1) or (1A)—
must specify the term for which the Administrator is appointed, which must be not more than 12 months; and
must set out reasons for the actions proposed in it; and
must be published in the Government Gazette; and
must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the determination is made.
During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board of directors in performing the functions and duties of the water corporation.
Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator.
On the expiry of a determination under this section the Minister must determine whether or not to—
reinstate to his or her office each member of the board of directors of the water corporation whose term has not expired; or
dismiss each member of the board of directors of the water corporation.
The administrator goes out of office—
if members are reinstated under subsection (5)(a), at the time of that reinstatement; or
if all the members are dismissed under subsection (5)(b), on the appointment of new members—
as the case requires.
If the term of appointment of the administrator expires and a determination under subsection (5) has not been made, members of the board of directors of the water corporation whose term has not expired, are reinstated.
Division 2—Functions, powers, duties and objectives of water corporations
S. 92 substituted by No. 85/2006 s. 54.
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