10 Appointment of an administrator (1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage a public cemetery. (2) The Minister may only make a recommendation S. 10(2) substituted by referred to in subsection (1) in respect of a public No. 61/2009 cemetery managed by a Class B cemetery trust if, s. 14. in his or her opinion— (a) the public cemetery is being inefficiently or incompetently managed; or (b) the appointment is necessary to protect the interests of the public; or (c) the Class B cemetery trust has failed to comply with a direction under section 18 or 50 and that failure justifies the appointment of an administrator; or (d) after an audit under section 50 or an audit or investigation under section 51 has been conducted into the Class B cemetery trust, the outcome of that audit or investigation justifies the appointment of an administrator. (2A) The Minister may only make a recommendation S. 10(2A) inserted by referred to in subsection (1) in respect of a public No. 61/2009 cemetery managed by a Class A cemetery trust if, s. 14. in his or her opinion— (a) the public cemetery is being inefficiently or incompetently managed; or (b) the appointment is necessary to protect the interests of the public; or (c) the Class A cemetery trust has failed significantly to meet its outcomes as specified in its annual plan; or
10 Appointment of an administrator (1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage a public cemetery. S. 10(2) substituted by No. 61/2009 s. 14. (2) The Minister may only make a recommendation referred to in subsection (1) in respect of a public cemetery managed by a Class B cemetery trust if, in his or her opinion— (a) the public cemetery is being inefficiently or incompetently managed; or (b) the appointment is necessary to protect the interests of the public; or (c) the Class B cemetery trust has failed to comply with a direction under section 18 or 50 and that failure justifies the appointment of an administrator; or (d) after an audit under section 50 or an audit or investigation under section 51 has been conducted into the Class B cemetery trust, the outcome of that audit or investigation justifies the appointment of an administrator. S. 10(2A) inserted by No. 61/2009 s. 14. (2A) The Minister may only make a recommendation referred to in subsection (1) in respect of a public cemetery managed by a Class A cemetery trust if, in his or her opinion— (a) the public cemetery is being inefficiently or incompetently managed; or (b) the appointment is necessary to protect the interests of the public; or (c) the Class A cemetery trust has failed significantly to meet its outcomes as specified in its annual plan; or
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