682 Power to appear before local land boards
A council may appear and be represented by an Australian legal practitioner or agent before a local land board constituted under the Crown Lands Act 1989 in any matter before the board affecting the council or the interests of its area.
683 Authentication of documents
A document requiring authentication by the council may be sufficiently authenticated without the seal of the council if signed by the general manager or public officer.
In any proceedings for an offence, the information may be laid:(a) in the name of the council, if not required to be made on oath, or(b) in any case by the general manager or by any other employee of the council appointed generally or in respect of any special proceedings or by any police officer, or(c) in any case by a person appointed by the Director-General, generally or in respect of any special proceedings, or(d) in any case by an officer of the Department of Health appointed by the Director-General, Department of Health, generally or in respect of any special proceedings, or(e) by any other person.
685 Certain allegations in informations
An allegation, in an information in respect of an offence against this Act or the regulations:(a) that the defendant has not obtained a relevant approval under this Act of the council, or(b) that a standard, sign, notice or device was erected or displayed with the authority of the council,is sufficient proof of the matter so alleged, unless the defendant proves to the contrary.
686 Ownership of council property
In any proceedings (whether for the enforcement of a penalty or criminal proceedings) in relation to any property of or under the control and management of the council, it is sufficient to state generally that the property is the property of the council.
In proceedings in the Local Court, the general manager or any other employee of the council appointed in writing by the general manager may:(a) represent the council in all respects as though the general manager or other employee were the party concerned, and(b) institute and carry on any proceedings which the council is authorised to institute and carry on under this Act.
(1) If any person against whom a council has any claim or demand takes the benefit of any Act relating to bankruptcy or for the relief of insolvent debtors, the general manager may, in all proceedings:(a) against the estate of that bankrupt or insolvent person, or(b) under any adjudication, sequestration or act of bankruptcy or insolvency against or of that insolvent or bankrupt person,represent the council and act in its behalf in all respects as if the claim or demand were the claim or demand of the general manager.(2) If any company against which a council has any claim or demand is being or is wound up, the general manager may represent the council in all proceedings relating to the winding up and act on its behalf as if the claim or demand were the claim or demand of the general manager.
689 Payment of expenses of employee
Any damages, costs, charges or expenses that an employee of a council incurs or is liable to pay because of any proceedings which the employee is authorised by or under this or any other Act to take are to be paid by the council out of its consolidated fund.
(1) Whether any penalty imposed on a person by or under this Act has been recovered or not, the council may recover from the person:(a) any sum for damage sustained by it through the person’s act or default, and(b) the costs and expenses incurred by it in remedying that damage, and(c) the value of anything wasted, misused or unlawfully consumed, diverted or taken by the person.(2) The penalty may be recovered even if the council has not exercised any other right of recovery.(3) A prosecution or conviction for an offence against this Act or the regulations does not affect any right of action of any person for any damage sustained by the person.
(1) Proceedings for an offence against this Act or the regulations may be dealt with summarily by the Local Court.(2) Proceedings for an offence against section 626 (1), 627 (1) or 628 (1) may be dealt with:(a) summarily by the Local Court, or(b) summarily before the Land and Environment Court in its summary jurisdiction.(3) Proceedings for an offence dealt with summarily before the Land and Environment Court in its summary jurisdiction may be instituted at any time within 6 months after the offence is alleged to have been committed.
693 Time for bringing proceedings concerning electoral offences
Proceedings for an offence concerning an election or poll under this Act may be instituted at any time within 12 months after the offence is alleged to have been committed.
(1) Any penalty, fine or forfeiture imposed under any Act, or imposed for a contempt of a court order to remedy or restrain a breach of this Act or any other Act, and recovered in proceedings instituted by the council is:(a) to be paid to the council, and(b) to be allocated by the council to the council’s consolidated fund.(1A) In subsection (1):breach of this Act or any other Act means:
(a) a contravention of or failure to comply with this Act or any other Act, or(b) a threatened or an apprehended contravention of or a threatened or apprehended failure to comply with this Act or any other Act.this Act or any other Act includes a regulation or other instrument made under this Act or any other Act.
(2) Any penalty, fine or forfeiture under this Act or the regulations recovered in proceedings instituted by a police officer or by an officer of the Department of Health is to be paid to the Consolidated Fund referred to in section 39 of the Constitution Act 1902.(3) The Treasurer may enter into an arrangement with the council of Sydney, North Sydney or South Sydney with respect to the allocation of any money paid or payable to the council from penalties and fines for parking and related offences recovered in proceedings instituted by the council.(4) Any money to which such an arrangement applies is to be apportioned between the council and the State in accordance with the arrangement and:(a) as to the council’s portion, is to be retained in the council’s consolidated fund for use by the council, and(b) as to the State’s portion, is to be paid to the Consolidated Fund referred to in section 39 of the Constitution Act 1902.(5) In this section:(a) a reference to proceedings instituted by the council includes:(i) a reference to proceedings instituted under the direction or on behalf or for the benefit of the council, and(ii) a reference to penalty notices issued by or under the direction or on behalf or for the benefit of the council, and(b) a reference to a parking or related offence is a reference to an offence that is declared by the regulations to be a parking or related offence for the purposes of this section.
A rate, charge, fee or other money due to the council under this Act or the regulations may be recovered by the council as a debt in a court of competent jurisdiction, except as provided by this Act.
If because of this Act or the regulations:(a) two or more persons are or may be directed by the council to do or join in doing any act or to pay or join in paying any sum of money, costs or expenses, or(b) the council permits two or more persons to join together in doing any act or paying any sum of money, costs or expenses,the council may apportion the matter to be done or the sum of money, costs or expenses to be paid between those persons in whatever manner the council thinks just and reasonable, and the act is to be done or the money, costs or expenses are to be paid accordingly.