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EMERGENCY SERVICES SUPERANNUATION ACT 1986 - SECT 8

Vacancies on Board

    (1)     A member of the Board ceases to be a member if that person—

        (a)     becomes bankrupt; or

        (b)     is absent, without leave first granted by the Board, from three consecutive meetings of which reasonable notice has been given to that member personally or by post; or

S. 8(1)(c) repealed by No. 110/1993 s. 139, new  s. 8(1)(c) inserted by No. 4/1996 s. 6.

        (c)     is convicted of an offence against a law of the State of Victoria or a law of the Commonwealth or of another State or of a Territory, being an offence in respect of dishonest conduct; or

S. 8(1)(d) substituted by No. 94/2005 s. 10(1).

        (d)     being a contributor member of the Board, ceases to be a contributor; or

S. 8(1)(da) inserted by No. 94/2005 s. 10(1).

        (da)     being a Scheme member of the Board, ceases to be a member of the Scheme; or

S. 8(1)(db) inserted by No. 94/2005 s. 10(1).

        (db)     becomes permanently incapable of performing the duties of office; or

S. 8(1)(e) amended by No. 61/2013 s. 4.

        (e)     resigns office by writing signed and addressed to the Minister.

S. 8(2) substituted by Nos 84/1998 s. 6, 37/2007 s. 4.

    (2)     If an elected member dies or otherwise ceases to be a member—

        (a)     the deputy of the elected member under section 9 is to be appointed by the Governor in Council to fill the vacancy; or

        (b)     if there is no deputy of the elected member, the Governor in Council may appoint a person elected in the same manner as that member was elected to fill the vacancy.

S. 8(3) repealed by No. 84/1998 s. 6, new  s. 8(3) inserted by No. 37/2007 s. 4.

    (3)     If a nominated member dies or otherwise ceases to be a member—

        (a)     the Governor in Council is to appoint a person nominated by the Minister to fill the vacancy; or

        (b)     if the Minister does not nominate a person to fill the vacancy within 28 days, the Governor in Council may appoint a person who is a member of the pool of deputies under section 9A to fill the vacancy.

S. 8(3A) inserted by No. 37/2007 s. 4.

    (3A)     In subsection (2) and section 9, "elected member" means a member of the Board elected under section 7(1)(a), 7(1)(b), 7(1)(c) or 7(1)(d) or appointed under section 7(11).

S. 8(3B) inserted by No. 37/2007 s. 4.

    (3B)     In subsection (3) and section 9A, "nominated member" means a member of the Board nominated under section 7(1)(e).

S. 8(4) inserted by No. 49/1992 s. 36.

    (4)     A vacancy in the office of a member of the Board must be filled within 60 days of the vacancy occurring.

S. 9 substituted by No. 84/1998 s. 7,
amended by No. 41/2006 s. 28, substituted by No. 37/2007 s. 5.



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