Local Government Act 1993 No 30
Current version for 24 November 2014 to date (accessed 24 November 2014 at 23:17)

Division 4 Miscellaneous provisions

400K   Compensation not payable

(1)  Compensation is not payable by or on behalf of the State arising directly or indirectly from any of the following matters occurring before or after the commencement of this Part:
(a)  the enactment of the Local Government Amendment (Public-Private Partnerships) Act 2004 or the operation of this Part,
(b)  the exercise by the Minister, an officer of the Department or a member of the Project Review Committee of any function under this Part (including any failure or delay in exercising any such function),
(c)  any statement or conduct in connection with public-private partnerships or this Part.
(2)  Compensation is not payable by a council to any private person as a consequence of the council being prevented, by the operation of this Part, from entering into a public-private partnership or from carrying out a project under a public-private partnership.
(3)  However, subsection (2) does not apply in relation to a council if the public-private partnership concerned is a partnership referred to in section 400N (2).
(4)  In this section:

compensation includes damages or any other form of monetary compensation.

conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.

statement includes a representation of any kind, whether made verbally or in writing and whether negligent, false or misleading or otherwise.

the State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes an officer, employee or agent of the Crown or any member of the Project Review Committee.

400L   Decision by council to enter into public-private partnership

Any decision by a council in relation to entering into a public-private partnership may only be made by resolution of the council.

400M   No contracting out

This Part applies regardless of the terms of any arrangement between a council and a private person.

400N   Application of Part

(1)  This Part does not apply to any public-private partnership that a council resolved, before 28 June 2004, to enter into.
(2)  However, if a council resolved, on or after 28 June 2004 but before the commencement of this Part, to enter into a public-private partnership, this Part applies to and in respect of the partnership.
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