Victorian Current Acts

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DAIRY ACT 2000 - SECT 12

Terms and conditions of office of members of the Authority

    (1)     Subject to this section, each member holds office for a term not exceeding 3 years as is specified in the instrument of appointment.

    (2)     A member is eligible for re-appointment.

    (3)     The office of a member becomes vacant if the member—

        (a)     becomes bankrupt;

        (b)     is found guilty of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence;

        (c)     is absent from 2 consecutive meetings of the Authority without the approval of the Authority;

        (d)     retires, resigns or dies.

    (4)     The Minister may remove a member from office if the member—

        (a)     becomes incapable of performing his or her duties; or

        (b)     is negligent in the performance of those duties; or

        (c)     engages in improper conduct; or

        (d)     fails to disclose a pecuniary interest as required by section 15; or

        (e)     is found guilty of an offence against this Act.

    (5)     A member may resign by writing addressed to the Minister.

S. 12(6) substituted by Nos 108/2004 s. 117(1) (Sch.  3 item 51.1), 80/2006 s. 26(Sch. item 23).

    (6)     The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.

    (7)     A member who is not an employee in the public service is entitled to the remuneration and allowances (if any) fixed by the Minister.

    (8)     An instrument of appointment may specify other terms and conditions of employment not inconsistent with this Act.

    (9)     If the office of a member becomes vacant before the end of the term of the office, the Minister may appoint in accordance with section 9 a person to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.

    (10)     If the vacancy occurs within 6 months of the end of the term of the office, the office may be left vacant for the remainder of the term.



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