Queensland Consolidated Acts

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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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