2014-01-13 Item 6.3 Appendices 1-5

Local Government (De-amalgamation Implementation) Regulation 2013                               |
Part 3 Transfer mechanism
[s 36]                                                                                          |
             (f)  the costs, if any, decided by the Minister under section
                  30 to be payable by the new local government; and
             (g)  any civil liability that attaches to the State under section
                  34(2).
       (2)   To remove any doubt, it is declared that de-amalgamation
             costs may be incurred on any date, whether before or after the
             changeover day.

36      Recovery of de-amalgamation costs
        (1)  The de-amalgamation costs of a new local government are a
             debt payable by the new local government.
        (2)  The debt may be satisfied by the related continuing local
             government deducting the amount of the debt from the cash
             assets to be transferred from the related continuing local
             government to the new local government on the changeover
             day.
        (3)  The de-amalgamation costs may be recovered from the new
             local government by     action  in  a court of competent
             jurisdiction.

37      Transfer of QTC working capital facility
        (1)  This section applies if a QTC working capital facility has been
             established  for  the   sole  purpose   of  facilitating the
             de-amalgamation of a continuing local government.
        (2)  The facility must be transferred from the continuing local
             government    to  the  related new   local  government    on
             changeover day.
        (3)  The new local government must discharge the facility by 31
             December 2014.
        (4)  In this section—
             OTC working capital facility means a working capital facility
             held with Queensland Treasury Corporation.

 Page 18                                        Current as at 6 December 2013