Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 28
insert
(1) The Minister may make any order (a "re-structuring order") the Minister considers necessary or desirable to facilitate re-structuring of the system of local government in the Territory.
(2) A re-structuring order may (for example) do any one or more of the following:
(a) abolish a council;
(b) create a new council;
(c) establish a body corporate as the prospective council for a proposed municipality or shire;
(d) amalgamate 2 or more councils into a single council or divide a council into 2 or more councils;
(e) convert a municipal council into a community government council or a community government council into a municipal council;
(f) amalgamate, or divide council areas or make any other alteration to the boundaries of a council area;
(g) divide a council area into wards;
(h) alter the number of wards of a council area;
(i) alter the number of members of a council or the number of members to be elected for a ward;
(j) suspend all members of a council, or terminate their terms of office;
(k) appoint a manager to administer a municipality or community government area;
(l) cancel, defer or suspend an election or exclude a council from the ambit of a general election;
(m) appoint a person to a vacancy in the membership of a council;
(n) assign a person to an office or position in the employment of a council or a prospective council;
(o) transfer an employee (with the consent of the employee) from one council's employment to another council's employment or the employment of a prospective council;
(p) make any apportionment or adjustment between councils or a council and a prospective council of:
(i) property; or
(ii) income or expenditure; or
(iii) rights and liabilities;
(q) deal with any consequential or incidental matter.
(3) The order must be notified in the Gazette and a newspaper circulating in the municipality or community government area of the council or councils affected by the order.
(1) A re-structuring order operates to the exclusion of any inconsistent provision of this Act.
(2) If a manager is appointed to administer a municipality or community government area, the manager assumes the council's functions and has all the powers of the council.
(1) If a re-structuring order establishes a body corporate as a prospective council, the body corporate:
(a) has the name assigned by the re-structuring order (which may be the name intended for the future council); and
(b) has the capacity, in its corporate name, to acquire and dispose of property and to acquire or incur any rights or liabilities that may properly attach to a body corporate; and
(c) has the powers and functions assigned by the re-structuring order (or a later re-structuring order).
(2) The powers of the body corporate are to be exercised, until it becomes a council with democratically elected members, by a manager appointed by the Minister.
(3) The powers assigned to the body corporate may include powers of direction or control over councils for local government areas that will form part of the future municipality or shire.
(4) However, that control or direction may only be exercised for the purpose of facilitating transition from the present to the proposed structures and form of local government administration.
(5) The provisions of this Act applicable to municipal councils apply to a body corporate established as a prospective council to the extent (and subject to modifications) prescribed in the re-structuring order establishing the body corporate (or a later re-structuring order).
(1) The Minster must, within 6 sitting days after
making a
re-structuring order, table the order in the Legislative Assembly.
(2) However, the order is not a disallowable instrument.