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LOCAL GOVERNMENT ACT 2009 - SECT 123
Suspending or dissolving a local government
(1) This section applies if— (a) the conduct tribunal recommends under
section 150AR that every councillor be suspended or dismissed; or
(b) the
Minister reasonably believes that a local government has seriously or
continuously breached the local government principles; or
(c) the Minister
reasonably believes that a local government is incapable of performing its
responsibilities; or
(d) the Minister reasonably believes it is otherwise in
the public interest that every councillor be suspended or dismissed.
(2) If
the proposal in the Minister’s notice under section 120 was to suspend every
councillor for a stated period, the Minister may recommend that the Governor
in Council— (a) suspend every councillor for a period that is no longer than
the stated period; and
(b) appoint an interim administrator to act in place
of the councillors until the stated period ends.
(3) Also, the Minister may
recommend that the Governor in Council— (a) dissolve the local government;
and
(b) appoint an interim administrator to act in place of the councillors
until the earlier of— (i) the conclusion of a fresh election of councillors
to be held on a stated date; or
(ii) the conclusion of the next quadrennial
election.
(4) The Governor in Council may give effect to the Minister’s
recommendation under a regulation.
(5) A regulation dissolving a
local government has effect in accordance with the requirements of the
Constitution of Queensland 2001 , chapter 7 , part 2 .
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