Document ID: chunk:federal_register_of_legislation:C2004A04592:schedule:2:p7
Version: federal_register_of_legislation:C2004A04592
Segment Type: schedule
Provision Reference: sch 2 (pt 7/13)
Character Range: 28721–31526

in the offices of both the Chairperson and the Deputy Chairperson, whether or not elections have previously been conducted for the offices; or

     (b) during any period, or during all periods, when both of the following subparagraphs apply:

        (i) the Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Chairperson;

        (ii) the Deputy Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Deputy Chairperson; or

     (c) during any period, or during all periods, when both of the following subparagraphs apply:

        (i) the Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Chairperson;

        (ii) there is a vacancy in the office of Deputy Chairperson, whether or not an election has previously been conducted for the office; or

    (d) during any period, or during all periods, when both of the following subparagraphs apply:

        (i) there is a vacancy in the office of Chairperson, whether or not an election has previously been conducted for the office;

        (ii) the Deputy Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.

Validation of acts of alternate

"(7) Anything done by or in relation to a person purporting to act under subsection (5) or (6) is not invalid merely because the occasion to act had not arisen or had ceased.

Removal of alternate from office

"(8) The Regional Council may remove the alternate of the Deputy Chairperson from office.

Resignation of alternate

"(9) The alternate of the Deputy Chairperson may resign the office of alternate Deputy Chairperson by writing signed by the alternate and given to the Regional Council.".

Meetings of Regional Councils

30. Section 128 of the Principal Act is amended by omitting subsection (7) and substituting the following subsection:

"(7) If the Chairperson of a Regional Council is not present at a meeting of the Regional Council:

     (a) if the Deputy Chairperson of the Regional Council is present—the Deputy Chairperson of the Regional Council is to preside at the meeting; and

  (b) if:

      (i) the Deputy Chairperson of the Regional Council is not present; and

        (ii)  the alternate of the Deputy Chairperson of the Regional Council is present;

     the alternate of the Deputy Chairperson is to preside at the meeting; and

     (c) in any other case—the Regional Councillors present are to elect one of their number to preside at the meeting.".

Regulations

31. Section 201 of the Principal Act is amended by inserting in paragraph (2)(b) "or 127J" after "127".

Application