South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 134

134—Borrowing and related financial arrangements

        (1)         A council may borrow money and obtain other forms of financial accommodation.

        (2)         A borrowing may take any form considered appropriate by the council, including through the use of an overdraft or finance lease.

        (3)         A council may enter into financial arrangements for the purpose of managing, hedging or protecting against movements in interest rates or other costs of borrowing money, including—

            (a)         interest rate swaps;

            (b)         forward interest rate agreements;

            (c)         interest rate options;

            (d)         other prescribed arrangements.

        (4)         However, a council must not enter into a financial arrangement under subsection (3) unless or until—

            (a)         the council has obtained and considered independent and impartial advice about the proposed financial arrangements and the appropriate risk-management policies, controls and systems that should be in place from a person whom the council reasonably believes to be competent to give the advice; and

            (b)         the council has adopted risk-management policies, controls and systems by a resolution passed by at least a two-thirds majority of the members of the council.



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