Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 104

104 Procedure on local body’s or approved person’s default

(1) If, on the report of the Coordinator-General, the Governor in Council is satisfied that a local body or approved person is in default in complying with a regulation made under section 100 and directed to it the Governor in Council may notify that local body or approved person that upon the expiration of the period therein specified (being not less than 21 days from the date of the notification) the Governor in Council will authorise the Coordinator-General to commence and complete or, as the case may require, complete the works or part thereof in respect of which the local body or approved person is in default as agent for that local body or approved person.

(2) A local body or approved person notified pursuant to subsection (1) may make to the Minister written representations against the Governor in Council effecting the Governor in Council’s notified intention.

(3) The Minister shall submit such representations to the Governor in Council who, if the Governor in Council thinks the case warrants it, may direct that the issue be heard by such person or persons as the Governor in Council appoints.

(4) The hearing shall be deemed to be an inquiry and shall be conducted as a commission of inquiry under the Commissions of Inquiry Act 1950 and the person or persons conducting the inquiry may exercise and shall have the powers, authorities, protection and jurisdiction of a commission under that Act and in addition, where there is 1 such person, that person or, where there are more than 1 such person, the person appointed as chairperson of such inquiry may exercise and shall have the powers, authorities, protection and jurisdiction of a chairperson of such a commission except such as are by that Act confined to a chairperson who is a judge of the Supreme Court and the provisions of that Act shall apply accordingly.

(5) The finding on the hearing shall be made to the Minister for reference to the Governor in Council who shall give thereto such weight as the Governor in Council thinks fit in determining the issue in question.

(6) If, upon the expiration of the period specified in the Governor in Council’s notification of intention given to the local body or approved person or upon the receipt by the Governor in Council of the finding on the hearing conducted at the Governor in Council’s direction (whichever event is the later to occur), the Governor in Council decides to effect the intention so notified a regulation may authorise the Coordinator-General to commence and complete or, as the case may be, complete the works or part thereof in respect of which the local body or approved person is in default as agent for that local body or approved person.