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SANCTUARY COVE RESORT ACT 1985 - SECT 90
Statutory restrictions on powers of executive committee
90 Statutory restrictions on powers of executive committee
(1) Unless— (a) otherwise determined pursuant to a special resolution of the
primary thoroughfare body corporate; or
(b) in an emergency authorised by the
Minister; or
(c) consented to by such persons entitled to vote at a general
meeting of the primary thoroughfare body corporate who represent an aggregate
voting entitlement of not less than 75% of the aggregate of all voting
entitlements recorded in the primary thoroughfare body corporate roll;
the
executive committee shall not undertake expenditure.
(2) In respect of any
proposed expenditure which, under subsection (1) , the executive committee is
not entitled to undertake the executive committee shall— (a) submit the
proposal for determination at an extraordinary general meeting of the primary
thoroughfare body corporate convened for the purpose of, or for purposes which
include, consideration of the proposal; and
(b) if the proposed expenditure
is in respect of work to be performed or the purchase of personal property
submit at least 2 tenders to that meeting with the proposal.
(3) Subsection
(1) does not apply to the expenditure of moneys— (a) in payment of any
premium of insurance effected by or on behalf of the primary thoroughfare body
corporate; or
(b) to comply with a notice or order served on the primary
thoroughfare body corporate by any public or local government; or
(c) in
discharge of any liability incurred in respect of an obligation of the primary
thoroughfare body corporate authorised by the primary thoroughfare body
corporate in general meeting.
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