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ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 143Y

Suspension and removal from office of Chairperson

Minister may suspend Chairperson

  (1)   Subject to subsection   ( 2), the Minister may suspend the Chairperson of the TSRA from office because of misbehaviour or physical or mental incapacity.

Minister must give Chairperson notice before suspension

  (2)   The Minister must not suspend the Chairperson from office unless the Minister has:

  (a)   by written notice served on the Chairperson, given the Chairperson 7 days within which to show cause why the Chairperson should not be suspended; and

  (b)   consulted the TSRA.

Statement to be laid before each House of the Parliament

  (3)   The Minister must cause a statement identifying the Chairperson and setting out the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

Chairperson must be restored to office if declaration made by both Houses of Parliament

  (4)   If such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Chairperson ought to be restored to office. If each House so passes such a resolution, the Minister must terminate the suspension.

Minister may remove Chairperson from office if no declaration made

  (5)   If, at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Minister may remove the Chairperson from office.

Minister must remove Chairperson from office if he or she ceases to be a member of the TSRA

  (6)   If the Chairperson of the TSRA ceases to be a member of the TSRA otherwise than by resigning from the TSRA, the Minister must remove the Chairperson from office.

Statement to be laid before Parliament if Chairperson removed from office

  (7)   If the Minister removes a person from the office of Chairperson of the TSRA, the Minister must cause to be laid before each House of the Parliament, within 7 sitting days of that House after the removal, a statement:

  (a)   identifying the Chairperson; and

  (b)   stating that he or she has been removed from office; and

  (c)   setting out the ground of the removal from office.


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