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ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 144B

Suspension and removal from office of Deputy Chairperson

Minister may suspend Deputy Chairperson

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

Minister must give Deputy Chairperson notice before suspension

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

  (a)   by written notice served on the Deputy Chairperson, given the Deputy Chairperson 7 days within which to show cause why the Deputy 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 Deputy 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.

Deputy 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 Deputy Chairperson ought to be restored to office. If each House so passes such a resolution, the Minister must terminate the suspension.

Minister may remove Deputy 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 Deputy Chairperson from office.

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

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

Statement to be laid before Parliament if Deputy Chairperson removed from office

  (7)   If the Minister removes a person from the office of Deputy 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 Deputy 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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