SECTIONS 62, 62A, 62B, 64 & 65

SELECTED PROVISIONS: Local Government Act 1993
GO TO https://www.legislation.tas.gov.au/view/html/inforce/current/act-1993-095#GS65@EN

SECTIONS

62.   Functions and powers of general manager

(1)  The general manager has the following functions:

(a) to implement the policies, plans and programs of the council;

(b) to implement the decisions of the council;

(c) to be responsible for the day-to-day operations and affairs of the council;

(d) to provide advice and reports to the council on the exercise and performance of its powers and functions and any other matter requested by the council;

(e) to assist the council in the preparation of the strategic plan, annual plan, annual report and assessment of the council's performance against the plans;

(f) to coordinate proposals for the development of objectives, policies and programs for the consideration of the council;

(g) to liaise with the mayor on the affairs of the council and the performance of its functions;

(h) to manage the resources and assets of the council;

(i) to perform any other function the council decides.

(2)  The general manager may do anything necessary or convenient to perform his or her functions under this or any other Act.

62A.   Order relating to general manager's functions generally

(1)  The Minister, by order, may clarify the functions of general managers by specifying matters, or classes of matters, that are operational or administrative in nature and so are to be performed by general managers.

(2)  The Minister may amend, revoke, or revoke and substitute an order.

(3)  Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order.

(4)  An order under this section may be combined with an order under any one or more of the following sections:

(a) section 27A ;

(b) section 28AA ;

(c) section 62B .

(5)  Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act.

(6)  An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .

62B.   Order relating to general manager's function to liaise with mayor

(1)  The Minister, by order, may specify the manner in which general managers are to liaise with their mayors.

(2)  The Minister may amend, revoke, or revoke and substitute an order.

(3)  Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order.

(4)  An order under this section may be combined with an order under any one or more of the following sections:

(a) section 27A ;

(b) section 28AA ;

(c) section 62A .

(5)  Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act.

(6)  An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .

64.   Delegation by general manager

(1)  The general manager, in writing, may delegate to an employee of the council –

(a) any functions or powers under this or any other Act, other than this power of delegation; and

(b) any functions or powers delegated by the council which the council authorized the general manager to delegate.

(2)  The general manager is to –

(a) keep a register of any delegation; and

(b) make the register available for inspection at a public office of the council.

65.   Qualified persons

(1)  A general manager must ensure that any advice, information or recommendation given to the council or a council committee is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.

(2)  A council or council committee is not to decide on any matter which requires the advice of a qualified person without considering such advice unless –

(a) the general manager certifies, in writing –

(i) that such advice was obtained; and

(ii) that the general manager took the advice into account in providing general advice to the council or council committee; and

(b) a copy of that advice or, if the advice was given orally, a written transcript or summary of that advice is provided to the council or council committee with the general manager's certificate.