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JAMES COOK UNIVERSITY ACT 1997 - SECT 40C
Disqualification from office
40C Disqualification from office
(1) A person can not become, or continue as, the chancellor, vice-chancellor
or chairperson if— (a) the person is disqualified from managing corporations
under the Corporations Act , part 2D .6; or
(b) subject to subsections (2) to
(4) , the person has a conviction for an indictable offence other than an
offence in relation to which the person is disqualified from office under
paragraph (a) .
Note— See section 62D for the requirement to disclose the
disqualification or conviction.
(2) If the council considers it would be
reasonable, having regard to the circumstances of the indictable offence
mentioned in subsection (1) (b) of which the person has been convicted, the
council may— (a) if the person was the chancellor, vice-chancellor or
chairperson when convicted—give notice to the person that the person— (i)
is restored as the chancellor, vice-chancellor or chairperson; and
(ii) may
be later re-elected or reappointed, despite the conviction; or
(b)
otherwise—give written approval for the person to become the chancellor,
vice-chancellor or chairperson despite the conviction.
(3) On the day the
person receives a notice under subsection (2) (a) — (a) the person is
restored as the chancellor, vice-chancellor or chairperson; and
(b) if
another person has been elected or appointed to fill the vacancy—the other
person’s term of office ends.
(4) If a person is restored as the
chancellor, vice-chancellor or chairperson under subsection (3) , the
person’s term of office as the chancellor, vice-chancellor or chairperson
ends when it would have ended if the person had not been convicted of the
offence.
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