What must the head of a local government do once that head confirms an imposition or collection of local receivables is unlawful or unjust?
General information · Not legal advice
Material to check
In a practice file we read the imposition notice or collection notice for the receivable, any application or correspondence that raised the lawfulness or justice of that disposition, and any record showing what the head of the local government examined before reaching a view.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a mandatory duty addressed to the head of a local government: once that head 'confirms' that the imposition or collection of the local government's receivables is 'unlawful or unjust', the head must cancel or change that disposition 'immediately'.
Another reading notes that the provision names no procedure, no form of confirmation and no body to whom the confirmation is reported, so it leaves open how the head comes to that view and whether an application or the head's own review was what prompted it; only the timing, 'immediately', is fixed.
Your judgment
Once the head of the local government has confirmed the disposition unlawful or unjust, what in the file shows what cancellation or change was still needed to put matters right?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to set out a confirmation procedure or a time limit, or if a decision explains what counts as an unlawful or unjust imposition or collection of local receivables.