2019-02-12 Attachment 3 to Item 5 - Delegations No Changes

DESCRIPTION OF POWER DELEGATED                                                      LEGISLATION
Power to nominate a person to be appointed an assessor by the                       Section
commissioner to help QCAT in section 104SG(1) proceedings.                          104SI(2)(b)(ii)
Power to furnish to the chief executive a return disclosing the particulars         Section 109(1)
prescribed under a regulation relating to certain properties.
Power to collect annual contributions and other amounts imposed by the local        Section 111(2)
government pursuant to Part 10 of the Fire and Emergency Service Act.
Power to, in respect of each financial year:                                        Section 112
(a)      determine the prescribed properties within its area; and
(b)      determine the annual contributions payable in respect of prescribed
properties by reference to the categories prescribed under a regulation made
under section 108.
Power to give the owner of a prescribed property a levy notice.                     Section 112(2)
Power to give the chief executive information which is relevant to the              Section 113(3)
determination of an appeal against a local government’s determination, if
required by the chief executive.
Power to amend, revoke or revoke and give a new levy notice if the chief            Section 113(6)
executive allows an appeal.
Power to refund to the appellant any amount paid in respect of contributions,       Section 113(7)
for the financial year to which the notice relates and for any previous financial
year, in excess of the amount calculated in accordance with the chief
executive’s determination.
Power to decide the way in which it keeps an administration fee for performing      Section 117(3)
functions under Part 10 of the Fire and Emergency Service Act.
Power to make payments to the department, for the fund, out of its operating        Section 118(1)
fund from moneys received or recovered by the local government under Part
10.
Power to prepare and submit a return in the approved form                           Section 118(4)
Power to refuse or grant, subject to any conditions, an application to pay          Section 121(2)
contributions by instalments.
Power to engage a debt collector (authorised to perform a debt collection           Section 126(1)
activity under the Debt Collectors (Field Agents and Collection Agents) Act
2014) to collect any arrears of annual contribution payable by an owner of
prescribed property, and to require by notice in writing the owner to pay an
amount by way of a collection fee
Power to make and levy special rates or charges or separate rates or charges        Section 128A
and to contribute amounts raised to rural fire brigades operating in Council’s
local government area.
Power to consult with the commissioner about the establishment of an SES            Section 133(2)
unit in Council’s local government area.
Power to nominate a person to be the local controller for an SES unit.              Section 134(2)
Power as a local government affected by a disaster to request the                   Section 136(3)
commissioner to appoint a person as a SES coordinator.
Power to consult with the commissioner about the appointment of a person as         Section 136(4)
a SES coordinator.
Power to enter an agreement with the Department which sets out the                  Section 140
responsibilities of each party in relation to the SES in Council’s local
government area.
Power to consult with the commissioner about the establishment of an ES unit        Section 141(2)
in Council’s local government area.
Power to consult with the commissioner about the functions of an ES unit in         Section 142(3)
Council’s local government area.



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