Termination of appointments of Board members
382 Termination of appointments of Board members
Termination when person stops being qualified for appointment
The appointment of a person to a position of member of a Board is terminated when the person ceases to be qualified for appointment to the position.
Termination if person is not fit and proper
The Minister must terminate the appointment of a member of a Board if the Minister is satisfied that the member is not a fit and proper person to be a member of the Board. For this purpose, in having regard to matters as mentioned in section 379A, the Minister may consider things that happened either before or after the member’s appointment.
Termination for misbehaviour or incapacity
The Minister may terminate the appointment of a member of a Board for misbehaviour or physical or mental incapacity.
Termination for failure to attend Board meetings
The Minister may terminate the appointment of a member of a Board if the member is absent, except on leave of absence, from 3 consecutive meetings of the Board of which the member has had notice.
Termination for engaging in conflicting work
The Minister may terminate the appointment of a member of a Board if the member engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of the member.
Termination for conduct inimical to Board
The Minister may terminate the appointment of a member of a Board for a reserve if the Minister is satisfied that the person has acted in a way that is not in the interest of the Board as a whole. However, the Minister may not terminate under this subsection the appointment of a member nominated by traditional owners of indigenous people’s land in the reserve.
Termination for failure to disclose interests
The Minister must terminate the appointment of a member of a Board if:
the member does not comply with any requirements prescribed by the regulations to disclose an interest the member has in a matter being considered or about to be considered by the Board; and
the member does not have a reasonable excuse for not complying.
Termination on request by nominator
The Minister must terminate the appointment of a member of a Board if:
the member was appointed on the nomination of a particular person, body or group of persons; and
the person, body or group gives the Minister a written request to terminate the appointment.
Termination for bankruptcy or insolvency
The Minister may terminate the appointment of a member of the Board if the member:
becomes bankrupt; or
applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
compounds with his or her creditors; or
makes an assignment of his or her remuneration for the benefit of his or her creditors.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- World Heritage Properties Conservation Act 1983 - Proclamation under section 10 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
- World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
97 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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