Victorian Current Acts

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FISHERIES ACT 1995 - SECT 96

Resignation and removal of members

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

        (a)     dies; or

        (b)     resigns from the office of member by notice in writing signed by him or her and delivered to the Minister; or

        (c)     completes a term of office and is not reappointed; or

        (d)     is removed from office by the Minister under subsection (5).

    (2)     A resignation of a member takes effect on the day that it is received by the Minister or any later day specified in the notice of resignation.

    (3)     If the office of a member of the Council becomes vacant, the chairperson must notify the Minister of the vacancy.

    (4)     If the office of the chairperson becomes vacant, the deputy chairperson must notify the Minister of the vacancy.

    (5)     The Minister may remove a member of the Council from office if—

        (a)     the Minister is of the opinion that the member has engaged in misconduct or has failed, or is unable, to properly carry out the member's functions as a member of the Council; or

        (b)     the Minister is of the opinion that any other act or omission of the member has adversely affected the operation of the Council; or

        (c)     in the case of the chairperson, the chairperson is absent, without leave being approved by the Minister, from 3 or more consecutive meetings of the Council; or

        (d)     in the case of any other member of the Council, the member is absent, without leave being approved by the chairperson, from 3 or more consecutive meetings of the Council of which reasonable notice has been given to the member, either personally or by post, fax, email or other electronic communication.

New s. 97 inserted by No. 64/2013 s. 4.



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