Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 231

Provisions relating to appointment of administrators

    (1)     The following provisions apply to the appointment of an administrator of a Council under section 230

        (a)     the administrator constitutes the Council and, subject to any conditions of that person's appointment, must perform all the functions, powers and duties of the Council, which must be treated as if they were performed by the Council;

        (b)     the administrator's appointment and anything done by the administrator is not invalid only by reason of a defect in relation to the appointment;

        (c)     the administrator is entitled to be paid the remuneration and allowances and is employed on the conditions which are fixed by the Minister and the remuneration and allowances are to be paid by the Council;

        (d)     the administrator—

              (i)     must not, without the Minister's consent, directly or indirectly engage in any paid employment outside the duties of the office of administrator; and

              (ii)     may resign by a written notice of resignation addressed to the Governor in Council;

        (e)     the office of the administrator becomes vacant if the administrator—

              (i)     becomes bankrupt; or

              (ii)     dies; or

              (iii)     is removed or resigns from office; or

              (iv)     is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or

              (v)     becomes incapable of performing the duties of the office.

    (2)     If provision is made in any Act, regulation, rule, by-law, local law, instrument or document for the Mayor, the Deputy Mayor, a Councillor or the Chairperson or a member of a committee of the Council to be a member of, or to be represented on, a board, Council, committee, commission or other body, or to be a trustee, or to be a member or director of a company, that provision has effect during the period of administration as if it provided for the administrator, or some other person appointed by the administrator, to be that member, representative, trustee or director.

Division 8—Temporary administration



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