2014-01-13 Item 6.3 Appendices 1-5

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Local Government (De-amalgamation Implementation) Regulation 2013                                  |
Part 3 Transfer mechanism
[s 18]
        (2)  Ifsubsection (1) prevents a civil liability attaching to a person,                    |
             the liability attaches instead to the State.

18      Acting chief executive officer of new local government
        (1)  On the changeover day, the transfer manager for a new local
             government—
             (a)   becomes the acting chief executive officer of the new
                   local government; and
             (b)   in addition to the person’s functions as the acting chief
                   executive officer of the new local government, retains all
                   the functions and powers the person had as the transfer
                   manager for the new local government; and
             (c)   becomes an employee of the new local government on
                   the same terms and conditions, so far as practicable, as
                   the person was employed as the transfer manager.
        (2)  Unless the person’s employment as acting chief executive
             officer is otherwise ended, the person holds the appointment
             as   acting  chief executive   officer until  the  new   local
             government appoints a chief executive officer.

Division 2               Transfer methodology

19       Definition for div 2
             In this division—
             responsible entity means an entity having responsibilities
             under a transfer methodology.

20       Purpose of transfer methodology
        (1)   The department’s chief executive must make a methodology
              (a transfer methodology) directed at ensuring the proper
              transfer of employees, assets, liabilities and documents from a
              continuing  local  government    to  the  related new    local
              government.
 Page 12                                         Current as at 6 December 2013