2014-07-22 Planning & Organisation Committee Agenda Item 13 Attachment 1

                                                                                   ATTACHMENT 1



DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION

Power to apply conditions to an authorised person’s powers under the Act by Section 72
giving the person a signed notice.
Power to monitor compliance with the Act by having authorised persons inspect          Section 105
places of business in Council’s areas and recover monitoring costs from business
proprietors.
Power to charge a business proprietor an inspection fee to check if the remedial       Section 110
notice given by an authorised person acting for Council to the proprietor has been
complied with.
Power to prosecute a business proprietor or operator for the contravention of a Section 111(7)
relevant provision for which a remedial notice has been issued without an
authorised person first issuing a remedial notice for the contravention.
Power to, at any time, extend the time for applying for a review of Council’s          Section 121(2)
original decision relating to a licence application.
Power to, upon request, review an original decision and make a determination Part 7, Division
according to section 122 of the Act.                                         1
Power to, following the conviction of a person of an offence against this Act, apply Section 137
to the court for an order against the person for the payment of the costs Council
has incurred in taking a thing or doing something else during the investigation of
the offence.
Power to deal with a thing forfeited to Council, including destroying the thing.       Section 140
Power to commence proceedings against a person who has committed an Section 143
offence against the Act.
Power to approve forms to be used in the administration and enforcement of the         Section 147
Act.
Power to, with regard to an application for registration of premises made under Section 153
part 15 of the former regulation, assess the suitability of the application and the
premises under this Act, and make inquiries and require further information or a
document under section 37 of the Act.
Power to, with regard to an application for renewal of registration of premises Section 154
made under part 15 of the former regulation, assess the suitability of the applicant
and the premises under this Act, and make inquiries and require further
information or a document under section 45 of the Act.
Power to, with regard to an application for registration or renewal of registration of Section 155
2 or more premises to which sections 153(2) and 154(2) apply, issue a single
licence to cover all the premises.


Any Conditions of Delegation:

   1. The delegated officer must exercise this delegation in accordance with council; resolutions,
      policies, guidelines, procedures, industrial instruments and agreements.

   2. If the CEO on delegates any of these powers the delegated officer must exercise any
      delegated power in accordance with the scope and limitations of the subject officer’s letter
      of appointment and/or, position description, qualifications, technical knowledge and
      legislative requirements.
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