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LOCAL GOVERNMENT ACT 2009 - SECT 90C
Invalidity of major policy decision in caretaker period without approval
90C Invalidity of major policy decision in caretaker period without approval
(1) A major policy decision made by a local government during a caretaker
period for the local government is invalid to the extent the
local government— (a) does not have the Minister’s approval under
section 90B to make the decision; or
(b) does not comply with any conditions
of the Minister’s approval under section 90B (4) .
(2) A contract is void
if it is the subject of a major policy decision that is invalid.
(3) A person
who acts in good faith in relation to a major policy decision of a
local government, or in relation to a contract that is the subject of a major
policy decision, but who suffers loss or damage because of any invalidity of
the decision under subsection (1) or because the contract is void under
subsection (2) , has a right to be compensated by the local government for the
loss or damage.
(4) The person may bring a proceeding to recover the
compensation in a court of competent jurisdiction.
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