Victorian Current Acts

LOCAL GOVERNMENT (MOIRA SHIRE COUNCIL) ACT 2023 - SECT 7

The following provisions apply in respect of the appointment of an administrator or a panel of administrators of the Moira Shire Council under section 6—

        (a)     the administrator or the panel of administrators constitutes the Moira Shire Council and, subject to any conditions of the administrator's appointment or administrators' appointments, must perform all the functions, powers and duties of the Moira Shire Council, which must be treated as if they were performed by the Moira Shire Council;

        (b)     subject to any conditions of an administrator's appointment, an administrator must perform all the functions, powers and duties of a Councillor of the Moira Shire Council, which must be treated as if they were performed by a Councillor of the Moira Shire Council;

        (c)     subject to any conditions of the administrator's appointment, the administrator or, if a panel of administrators is appointed, the Chairperson of the panel of administrators, must perform all the functions, powers and duties of the Mayor of the Moira Shire Council, which must be treated as if they were performed by the Mayor of the Moira Shire Council;

        (d)     an administrator's appointment and anything done by an administrator is not invalid only by reason of a defect in relation to the appointment;

        (e)     an administrator is entitled to be paid the remuneration and allowances and is employed on the conditions which are fixed by the Minister and the remuneration and allowances are to be paid by the Moira Shire Council;

        (f)     an administrator—

              (i)     must not, without the Minister's consent, directly or indirectly engage in any paid employment outside the duties of the office of administrator; and

              (ii)     may resign by a written notice of resignation addressed to the Governor in Council;

        (g)     the office of an administrator becomes vacant if the administrator—

              (i)     becomes bankrupt; or

              (ii)     dies; or

              (iii)     is removed or resigns from office; or

              (iv)     is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or

              (v)     becomes incapable of performing the duties of the office.