Document ID: chunk:federal_register_of_legislation:C2004A04592:schedule:2:p3
Version: federal_register_of_legislation:C2004A04592
Segment Type: schedule
Provision Reference: sch 2 (pt 3/13)
Character Range: 18414–21229

circumstances

  25. Section 122 of the Principal Act is amended:

  (a) by omitting "or" from the end of paragraph (1)(b);

  (b) by inserting after paragraph (1)(c) the following paragraphs:

         "(d) has been absent from 3 consecutive meetings of the Council without leave of the Council and without reasonable excuse;

       (e) has become bankrupt;

         (f) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors;

       (g) has compounded with his or her creditors; or

         (h) has made an assignment of his or her remuneration for the benefit of his or her creditors;".

Insertion of new sections

26. After section 122 of the Principal Act the following sections are inserted:

Suspension and removal from office of Regional Councillor

Commission may suspend a Regional Councillor

"122A.(1) Subject to subsection (2), the Commission may suspend a Regional Councillor from office because of misbehaviour or physical or mental incapacity.

Commission must give Regional Councillor notice before suspension

"(2) The Commission must not suspend the Regional Councillor from office unless the Commission has, by written notice served on the Regional Councillor, given the Regional Councillor 30 days within which to show cause why he or she should not be suspended.

Statement to be laid before each House of the Parliament

"(3) The Commission must cause a statement identifying the Regional Councillor and setting out the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

Regional Councillor must be restored to office if declaration made by both Houses of Parliament

"(4) If such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Regional Councillor ought to be restored to office. If each House so passes such a resolution, the Commission must terminate the suspension.

Commission may remove Regional Councillor from office if no declaration

"(5) If, at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Commission may remove the Regional Councillor from office.

Statement to be laid before Parliament if Regional Councillor removed from office

"(6) If the Commission removes a Regional Councillor from office, the Commission must cause to be laid before each House of the Parliament, within 7 sitting days of that House after the removal, a statement:

  (a) identifying the Regional Councillor; and

  (b) stating that he or she has been removed from office; and

  (c) setting out