Further provisions with respect to appointed members and elected members
Schedule 1 Further provisions with respect to appointed members and elected members
section 5(8)
1. Terms of office
(1) Subject to this Schedule, an appointed member holds office for such period, not exceeding 3 years, as is specified in his or her instrument of appointment, but is eligible for reappointment.
(2) Subject to this Schedule, an elected member holds office for 3 years on and from the date on which the person's election is declared and is eligible for re-election.
(3) On the expiry of an elected member's or an appointed member's period of office, the member continues to hold office until the commencement of another appointment or election, as the case may be, to that office.
2. Vacation of office
A member may resign office by writing signed by him or her and delivered to the Minister.
3. Grounds for removal from office
The Minister may remove a member from office if the member:
(a) is absent without leave of the Board from 2 consecutive meetings of the Board of which reasonable notice was given to the member either personally or by post;
is found guilty:
(i) in the Territory, of an offence punishable by imprisonment for 6 months or more; or
(ii) elsewhere, of an offence that would have been an offence so punishable if it had been committed in the Territory;
(c) is found guilty of an offence under the Poisons and Dangerous Drugs Act 1983, Medicines, Poisons and Therapeutic Goods Act 2012 or Animal Protection Act 2018;
(d) is, in the opinion of the Minister, incapable of fulfilling his or her duties satisfactorily;
(e) is found by the Board, after it has held a hearing under Part 5, to be guilty of misconduct; or
(f) has failed, without reasonable excuse or the permission of the Board, to attend 3 consecutive meetings of the Board.
(2) The Minister must notify the Board of the removal from office of an elected member.
(3) A person ceases to be a member if he or she ceases to reside in the Territory.
(4) An elected member ceases to be a member on ceasing to be a registered veterinarian.
(5) A member who is a registered veterinarian ceases to be a member if he or she is found by the Board to not be a fit and proper person to provide veterinary services in the Territory.
(6) The Board may regard a person as not a fit and proper person to provide veterinary services in the Territory if the Board holds an opinion in relation to the person of a kind specified in section 13(2).
(7) The Registrar must notify the Minister if a member ceases to be a member under subclause (4) or (5).
If:
(a) a vacancy occurs in the office of an elected member otherwise than by the expiry of the term for which the member was elected; and
the balance of the term is less than 6 months,
the Registrar must request the Minister to advise whether the Minister intends to appoint a person to the office under clause 4(1).
(9) The Minister must, within 14 days after receiving a request under subclause (8), notify the Registrar that:
(a) the Minister intends to appoint a person to the office under clause 4(1); or
an election is required to be held.
4. Filling of casual vacancies
(1) Subject to subclause (5), if a vacancy occurs in the office of a member other than by the expiry of the term for which the member was appointed or elected, the Minister may appoint a person who is resident in the Territory to the vacant office for the balance of that term.
(2) A person appointed under subclause (1) must, in the case of a vacancy in the office of:
(a) a member elected for the purposes of section 5(1)(b) – be a registered veterinarian; or
(b) a member appointed under section 5(1)(c)(i) – be a person who, in the opinion of the Minister, is capable of representing the interests of users of veterinary services.
(3) The Minister must, before appointing a person to be a member under subclause (1), seek the recommendation of the Board as to the person who should be appointed under this clause, unless the Board has already given its recommendation to the Minister.
A person appointed under subclause (1):
(a) in the place of a person who was appointed to be a member – is to be taken to be an appointed member; or
(b) in the place of a person who was elected to be a member – is to be taken to be an elected member,
for the purposes of this Act.
If:
(a) a vacancy occurs in the office of an elected member otherwise than by the expiry of the term for which the member was elected; and
the balance of the term is more than 6 months,
an election is to be held for the purposes of section 5(1)(b) to fill the vacant office of the member.
5. Resignation of Vice-President
The Vice-President may resign office as Vice-President by writing signed by him or her and delivered to the Minister.
6. Deputies of members
(1) Subject to subclause (2), the Minister may appoint a person to be a deputy of a member during the Minister's pleasure.
(2) A person appointed to be a deputy of a member shall have the same qualifications for membership as the member in respect of whom the appointment of deputy is made.
A deputy of a member may act in the member's place:
(a) during a period when the member is absent from his or her office through illness or any other cause; or
(b) if the member is unable or unwilling for any reason to act as a member in relation to a particular matter – in relation to the matter.
(4) For the purposes of subclause (3)(a), a member shall be deemed to be absent from his or her office:
(a) if there is a vacancy in the office that has not been filled by an appointment under clause 4(1); or
while he or she is acting in the office of President.
(5) A deputy while acting as deputy of a member may perform the functions and exercise the powers of the member.
(6) A deputy may at any time resign office by writing signed by him or her and delivered to the Minister.
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