Terms and conditions of membership
108 Terms and conditions of membership
Subject to this section, a member of the Board will hold office on conditions, and for a term (not exceeding 3 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.
A member of the Board (not being a member who is a member of the
Public Service) is entitled to receive remuneration, fees and expenses determined by the Minister.
The office of a member becomes vacant if the member—
dies;
or
completes a term of office and is not reappointed; or
resigns by written notice to the Minister; or
is convicted of—
an indictable offence against the law of this State; or
an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or
an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or
is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or
is removed from office by the Minister under subsection (4).
The
Minister may remove a member from office—
for misconduct or conduct that may bring the Board into disrepute; or
for breach of, or non-compliance with, a condition of appointment; or
if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or
if the member has been disqualified from managing corporations under
Chapter 2D Part 2D.6 of the Corporations
Act 2001 of the Commonwealth; or
if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or
for incompetence or neglecting the duties of the position; or
any other reason the Minister thinks fit.
An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.