Northern Territory Numbered Acts

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LOCAL GOVERNMENT ACT 2019 (NO 39 OF 2019) - SECT 317

Financial controller

    (1)     The CEO of the Agency may, by Gazette notice, appoint a financial controller for a council or a local government subsidiary if the CEO considers the council or local government subsidiary is not:

    (a)     performing its financial responsibilities appropriately; or

    (b)     complying with this Act.

    (2)     A financial controller is responsible for:

    (a)     implementing financial controls as directed by the CEO of the Agency; and

    (b)     performing other related duties as directed by the CEO of the Agency.

    (3)     The council or local government subsidiary must cooperate fully with the financial controller.

    (4)     If a financial controller is appointed, the council or local government subsidiary must obtain the financial controller's authorisation before undertaking any of the following:

    (a)     a transaction from an account kept by the council or local government subsidiary with a financial institution;

    (b)     any other type of expenditure;

    (c)     any future financial commitments.

    (5)     If the financial controller believes on reasonable grounds that a decision, resolution or order to make a payment is financially unsound, the financial controller must:

    (a)     refuse to make a payment; and

    (b)     advise the CEO of the Agency and the council about why the decision, resolution or order is financially unsound.

    (6)     In this section:

"financially unsound", in relation to a decision, resolution or order, means the decision, resolution or order:

    (a)     may cause the council or local government subsidiary to become insolvent; or

    (b)     would result in unlawful expenditure by the council or local government subsidiary; or

    (c)     would result in a disbursement from a fund that is not provided for in the council's or local government subsidiary's budget; or

    (d)     would result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given.



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