New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 419

Modification of auditor transitional provisions

419 Modification of auditor transitional provisions

(1) For the purposes of clause 121 (5) of Schedule 8 to the Act, clause 121 is taken to be modified as follows:
(a) Insert "(or any predecessor of a new council)" after "new council" where firstly occurring in clause 121 (3) (a).
(b) Insert after clause 121 (3):
(3A) If there is more than one existing auditor for a new council, the Auditor-General is to determine that one or more of the existing auditors, or none of them, are taken to be appointed by the Auditor-General for the purposes of subclause (3) (b). If no auditor is taken to be appointed, section 422 (as inserted by the amending Act) applies to the new council.
(2) For the purposes of clause 121 (5) of Schedule 8 to the Act, clause 121 of that Schedule is taken to be further modified by inserting after clause 121 (3A):
(3B) Despite subclause (1), the Auditor-General is to provide auditing services to a new council in respect of the previous financial reporting period for a former council if the Administrator of a new council notifies the Auditor-General in writing that the Administrator is of the opinion that it is likely that the new council will not be able to prepare audited financial reports relating to that period in respect of the former council before 31 December 2016.
(3C) The Auditor-General is to provide the audited financial reports in respect of the previous financial reporting period as soon as practicable after being appointed under subclause (3B).
(3D) Any agreement between a new council (or any predecessor of a new council) and the person who provides auditing services to the new council in respect of the previous financial period for a former council ceases to have effect if the Auditor-General is appointed to provide auditing services under subclause (3B).
(3E) Subclause (3D) does not operate to terminate an agreement to provide auditing services under which any other person provides auditing services to the new council in respect of the previous financial reporting period for another former council.
(3) For the purposes of clause 121 (5) of Schedule 8 to the Act, clause 121 of that Schedule is taken to be further modified by inserting after clause 121 (8):
(9) In this clause:

"former council" means a council whose area is included in the area of a new council and that existed immediately before the constitution of the new council.

"previous financial reporting period" means the period commencing on 1 July 2015 and ending at the end of the day on which the new council was constituted.



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