Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A council may delegate its powers and functions.
(2) A delegation may be made to:
(a) the CEO; or
(b) a council committee; or
(c) a local authority; or
(d) a local government subsidiary.
(3) Despite subsection (1):
(a) the power to impose rates and charges cannot be delegated; and
(b) if power to incur financial liabilities is delegated – the council must, by resolution, fix reasonable limits on the delegate's authority; and
(c) a delegation cannot duplicate or derogate from the CEO's functions (including delegated functions); and
(d) subject to subsections (4) and (5), power to enter into a transaction on conditions that are not arm's length conditions cannot be delegated; and
(e) subject to subsections (4) and (5), power to make a decision that requires a council resolution cannot be delegated; and
(f) if power to enter into a contract is delegated – the contract must be below the threshold value.
(4) A council may delegate to the CEO the following:
(a) the power to enter into a transaction on conditions that are not arm's length conditions if the transaction will provide a community benefit;
(b) the power to waive a fee for service (wholly or partly) under section 289 (4) if the waiver will provide a community benefit.
Note for subsection (4)(b)
A decision to waive a fee for service (wholly or partly) under section 289 (4) requires a council resolution.
(5) A delegation under subsection (4) must be in accordance with the regulations and any guidelines that the Minister may make.
(6) A council must, within the first 6 months of its term, determine, by resolution, the threshold value for a contract for subsection (3)(f).
(7) In this section:
"arm's length conditions" means the conditions that might be expected to operate between commercial entities dealing wholly independently with one another in comparable circumstances.