New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 38

38 Vacation of office of elected member of community committee or precinct committee

(1) An elected member of a community committee or precinct committee vacates office as a member--

(a) if the person ceases to be a member of the association or was nominated by a person who ceases to be a member of the association, or

(b) if the person was eligible to be a member at the time of appointment or election and the person ceases to be so eligible, or

(c) if the person was nominated by a member of the association or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee gives written notice to the association that the person's office is vacated, or

(d) if the person was nominated by a subsidiary body on the basis of being a member of the subsidiary body or of its committee or its council and ceases to be a member, or

(e) if the person was nominated by a subsidiary body and the body gives written notice to the association that the person's office is vacated after being authorised to do so by a resolution of the subsidiary body, or

(f) on receipt by the association from the person of notice in writing of the person's resignation as a member, or

(g) at the end of the next meeting at which a new association committee is elected by the association, or

(h) if the association, by resolution at a general meeting, determines that the person's office as a member is vacated.

(2) A community committee or precinct committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the committee, other than a vacancy arising under subsection (1)(g) or a vacancy in the office of an officer of the association.

Note--: Section 49(2) provides for the filling of vacancies in the office of members who are officers of the association.

(3) A person so appointed holds office, subject to this section, for the balance of the predecessor's term of office.

(4) A resolution that the office of a member is vacated may relate to more than 1 member of a community committee or precinct committee or to all members of a committee.