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s 15

Suspension of clerk—ending suspension

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Part 3Clerk of the Legislative Assembly

15 Suspension of clerk—ending suspension

(1)

If the Speaker does not comply with section 14 (1), the suspension ends at the end of the notice day.

(2)

If the relevant Assembly committee fails to hold a meeting as required under section 14 (2), the suspension ends on the day after the last day when the meeting could have been held.

(3)

The following provisions apply if the relevant Assembly committee makes a recommendation mentioned in section 14 (5) (a) and the Speaker does not end the suspension within 1 business day after the day the recommendation is made:

(a)

the committee may at any time resolve to make a statement to the Legislative Assembly recommending that the suspension be ended;

(b)

if the committee makes a statement mentioned in paragraph (a) and the Legislative Assembly resolves to end the suspension—the suspension ends on the passing of the resolution;

(c)

if the committee makes a statement mentioned in paragraph (a) and the Legislative Assembly does not deal with the statement within 3 sitting days—the suspension ends at the end of the 3rd sitting day.

(4)

If the relevant Assembly committee makes a statement mentioned in section 14 (5) (b)—

(a)

the Legislative Assembly may resolve to require the Speaker to end the clerk’s appointment; or

(b)

if the Legislative Assembly does not, within 3 sitting days, pass a resolution mentioned in paragraph (a)—the suspension ends at the end of the 3rd sitting day.

(5)

If the Speaker ends the clerk’s suspension, the Speaker must give written notice of the ending of the suspension and a copy of a statement of the reasons for ending the suspension to the clerk and relevant Assembly committee.

Note The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.

(6)

In this section:

notice day—see section 14 (1).

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