South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 274

274—Investigation of subsidiary

        (1)         If the Minister has reason to believe that—

            (a)         irregularities or difficulties may exist in the management of a subsidiary or the administration of the affairs of a subsidiary; or

            (b)         a subsidiary has acted outside its charter (see Schedule 2); or

            (c)         a subsidiary may have breached this Act or another law; or

            (d)         some other form of irregularity has occurred in the conduct or management of the affairs of a subsidiary; or

            (e)         some other matter has arisen in relation to the subsidiary that justifies consideration or investigation under this section,

the Minister may refer the matter to the relevant council or councils for investigation and report.

        (2)         If—

            (a)         the council or councils do not provide a report to the Minister under subsection (1) within a period specified by the Minister; or

            (b)         the Minister is not satisfied with the outcome of a report to the Minister under subsection (1),

the Minister may refer the matter to the Ombudsman for investigation and report.

        (3)         Before referring a matter, the Minister must give the subsidiary a reasonable opportunity to explain its actions and make submissions unless the Minister considers that the giving of notice would be likely to undermine the investigation of the matter.