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PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 - SECT 9
Local government to administer Act
9 Local government to administer Act
(1) The administration and enforcement of this Act is a function of local
government for each local government’s local government area.
(2) To remove
doubt, it is declared that a local government may do either or both of the
following— (a) make a resolution or local law that is not inconsistent with
this Act about the fees payable to it for providing a service or taking action
under this Act;
(b) make a local law that is not inconsistent with this Act
about any matter dealt with by this Act for which it is necessary or
convenient to make provision for carrying out or giving effect to the matter.
(3) A resolution or local law under subsection (2) (a) may only prescribe a
fee for providing a service or taking action that— (a) is not more than the
cost to the local government of providing the service or taking the action for
which the fee is charged; and
(b) if a fee is prescribed under a regulation
for providing the service or taking the action, is not more than the fee
prescribed.
(4) Subsection (5) applies if— (a) the chief executive is
satisfied a local government has failed to do anything in the administration
or enforcement of this Act; or
(b) a local government and the chief executive
agree that the chief executive do anything in the administration or
enforcement of this Act.
(5) The chief executive may do the thing and, if
subsection (4) (a) applies, the reasonable costs and expenses incurred by the
chief executive are a debt payable by the local government to the State.
(6)
Without limiting subsections (4) and (5) , the chief executive may perform the
functions and exercise the powers of a local government including appointing
the following to be authorised persons for this Act— (a) a public service
employee in the department;
(b) a health service employee under the
Hospital and Health Boards Act 2011 .
(7) An appointment under subsection (6)
may be made before or after a failure under subsection (4) (a) or an agreement
under subsection (4) (b) .
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