2015-02-03 P&O Agenda - Item 7 - Attachment 1 - Proposed Local Laws

                             Noosa Shire Council Local Law No. 6 (Bathing Reserves) 2015                             11

                Example for paragraph (a)—
                          The subordinate local laws might provide that a person who holds a particular rank in a life-
                           saving patrol is an authorised person.
                          The subordinate local laws might provide that a life guard or a beach inspector is, while he
                           or she holds that position, an authorised person.
         (2)    A local government may appoint any of the following persons as authorised
                persons for this local law
                (a)       employees of the local government;
                (b)       other persons who are eligible for appointment as authorised persons under
                          the Act.5
         (3) An appointment of a person as an authorised person under this section must state
             the provisions of this local law for which the person is appointed as an authorised
             person.
         (4) A local government may appoint a person as an authorised person under this
             section only if
                (a)       the local government considers the person has the necessary expertise or
                          experience for the appointment; or
                (b)       the person has satisfactorily finished training approved by the local
                          government for the appointment.

27         Limitation on authorised person’s powers
                An authorised person’s powers may be limited in the person’s instrument of
                appointment or under a subordinate local law for this section.

28         Authorised person’s appointment conditions
         (1) An authorised person holds office on the conditions stated in the instrument of
             appointment or a subordinate local law for this subsection.
         (2) An authorised person—
                (a)       if the instrument or subordinate local law provides for a term of
                          appointment—ceases holding office at the end of the term; and
                (b)       if appointed as an authorised person under section 26(1)(b)—may resign by
                          signed notice of resignation given to the local government; and
                (c)       if the person holds a particular rank or position, and is an authorised person
                          under a subordinate local law because he or she holds the relevant rank or
                          position—ceases holding office as an authorised person on ceasing to hold the
                          relevant rank or position; and
                (d)       if the conditions of appointment provide—ceases holding office as an
                          authorised person on ceasing to hold another office stated in the
                          appointment conditions (the main office).
         (3) However, an authorised person may not resign from the office of authorised
             person (the secondary office) under subsection (2)(b) if a condition of the
             authorised person’s employment in the main office requires the authorised person
             to hold the secondary office.



5
    See the Act, chapter 6, part 6.