Document ID: chunk:federal_register_of_legislation:C2023A00057:clause:1_49
Version: federal_register_of_legislation:C2023A00057
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 26016–27185

49  Transitional—executive member
(1) This item applies if:
 (a) a person held office as an executive member immediately before the commencement of this item; and
 (b) the person was elected to that office before the commencement of this item.
(2) While the person holds that office:
 (a) paragraph 29(1)(b) of the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986 (as amended by this Schedule) does not apply to the person; and
 (b) the person must not be nominated under subsection 30(4) of that Act unless the person is a fit and proper person.
Note: Subsection 29(4) of the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986 (as amended by this Schedule) sets out the period during which the person holds that office.
(3) Subitem (2) does not prevent the person from being removed from that office under subsection 33(7) of the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986 (as amended by this Schedule) if the person is not a fit and proper person.
(4) While the person holds that office, paragraph 33(7)(b) of the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986 (as amended by this Schedule) does not apply to the person.