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LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 2016 (NO. 26 OF 2016) - SECT 14

14 .         Sections 5.102AA to 5.102AC inserted

                At the end of Part 5 Division 8 insert:


5.102AA.         Apportionment of annual payments

                A determination made by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B may provide for the payment of a proportion of an annual allowance or annual fee payable under this Division if a person holds the office to which the allowance or fee relates for only part of a year.

5.102AB.         Repayment of advance annual payments if recipient ceases to hold office

        (1)         This section applies if —

            (a)         a local government pays an annual allowance or annual fee under this Division to a person in advance (either wholly or in part); and

            (b)         the person ceases to hold the office to which the allowance or fee relates before the end of the period to which the advance payment relates.

        (2)         Regulations may be made —

            (a)         requiring the repayment to a local government, to the extent determined in accordance with the regulations, of an advance payment of an annual allowance or annual fee in the circumstances to which this section applies; and

            (b)         providing for a local government to recover any amount repayable if it is not repaid.

5.102AC.         Application of this Division to regional local governments

        (1)         This Division applies, and is to be taken to have always applied, in accordance with section 3.66(1) and (5) to and in relation to regional local governments, members and deputy members of the councils of regional local governments and chairmen and deputy chairmen of regional local governments.

        (2)         This section does not limit section 3.66.




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