2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT

 DELEGATION OF AUTHORITY
 TITLE:          SUMMARY OFFENCES
 Delegation by the Council to:                                            Date:
 Chief Executive Officer

 Source of Authority:
 Local Government Act 2009 - Section 257
 Summary Offences Act 2005
 Summary Offences Regulations 2006

Delegated Power:
     1. To exercise the powers of Council pursuant to the Summary Offences Act 2006.

 DESCRIPTION OF POWER DELEGATED                                                        LEGISTATION

 Power to authorise a person to busk in a public place.                                Section 8(2)(b)
 Power to recover from the owner of a place, as a debt, any damages, including         Section 32(3)
 costs, paid by Council under section 32(2), if the breach of duty by the owner
 that caused the injury to, or death of, a local graffiti removal officer amounts to
 gross negligence.
 Power to make an agreement with the owner of a place in relation to the fee           Section 33(2)
 payable by Council to the owner for the removal of public graffiti by the owner.

2.   To exercise the powers of Council pursuant to the Summary Offences Regulations 2006.

 DESCRIPTION OF POWER DELEGATED                                                        LEGISTATION

 Power to consult with an entity that intends to make an application for an area       Section 10(1)(a)
 of public land to be prescribed as motorbike control land about the proposal.
 Power, as entity having a legitimate interest in the area, to consult with a          Section 14(3)
 government entity for the purposes of reviewing the number and location of
 prescribed areas of motorbike control land.

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.

     3. In the event that there is a change to any Delegate Position as set out in the schedule of this
        instrument (Former Delegated Position) which is not then reflected in this Instrument:




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