New South Wales Repealed Acts

This legislation has been repealed.

LOCAL GOVERNMENT AREAS AMALGAMATION ACT 1980 - SECT 14

14 Transitional provisions

(1) The valuations and the lists of electors in force as at 31 December 1980 in respect of the land situated in any of the constituent areas of a united area shall, for the purposes of the Principal Act, continue in force after that date in so far as they relate to land situated in the united area as if they were made or prepared in respect of the united area, until fresh valuations and fresh lists come into force therein.

(2) Any disallowance or surcharge which could have been made, continued, enforced or recovered under the Principal Act except for the provisions of this Act may be made, continued, enforced and recovered notwithstanding the abolition of any council by this Act.

(3) Without affecting the generality of subsection (2):

(a) any inspector of local government accounts may disallow in the books or accounts of a council of any constituent area of a united area any expenditure, transfer or entry which has been incurred or made in contravention of any Act or any ordinance, regulation or by-law made under any Act and shall surcharge the amount of any such disallowance upon any officer or servant of the council of the constituent area by whom the expenditure, transfer or entry was incurred or made, or ordered to be incurred or made, and

(b) all liability of any officer or servant of a council of any constituent area in respect of any such expenditure, transfer or entry or of any deficiency or loss of the council incurred by the culpable negligence or misconduct of the officer or servant or by the failure to account for any sum to the council shall be a liability of the officer or servant to account therefor:

(i) where the constituent area is wholly included in one united area--to the council of the united area, or

(ii) where parts of the constituent area are included in 2 united areas--to such of the councils of those areas and in such proportions, if any, as the Minister may direct by order in writing,

whether the amount of any such disallowance, deficiency, loss or sum is surcharged before or after 1 January 1981.

(4) Any provision of an ordinance made under the Principal Act which, immediately before 1 January 1981, applied to the whole or any part of a constituent area, in either case forming part of a united area, shall apply to that part of the united area, but nothing in this subsection prevents the application of any such provision to an area or part of an area from being varied under the Principal Act from that or a later date.

(5) The provisions of Division 2 of Part 3 of the Library Act 1939 shall, subject to that Act, apply to and in respect of all united areas except:

(a) the united area designated "3" in Column 1 of Part 1 of Schedule 1, and

(b) the united areas designated "10" and "14" in Column 1 of Part 2 of Schedule 1.

(6) On and from 1 January 1981, the council of a united area shall take over and retain and may complete all certificates, deeds, documents and records relating to, or intended to be executed with respect to, the constituent areas of the united area but, where parts of a constituent area are included in 2 united areas, the Minister shall determine in writing which of the united areas shall be treated as the area by the council of which a duty imposed by this subsection with respect to the constituent area shall be performed or by the council of which a power conferred by this subsection with respect to that area may be exercised.