Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p14
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 33873–36613

(b) must not take part in any discussion of or action on the matter unless:

         (i) where the member is the Chairperson—the applicant and the Minister consent; or

         (ii) in any other case—the applicant and the Chairperson consent.

"(2) For the purposes of this section, a member has a conflict of interest in relation to a matter before the Board if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member's functions in relation to that matter.

Removal from office

"114ZZG.(1) The Minister may remove an ordinary member from office on the ground of proved misbehaviour or physical or mental incapacity.

  "(2) The Minister may remove an ordinary member from office if:

  (a)     the member becomes bankrupt; or

    (b)     the member applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

  (c)     the member compounds with his or her creditors; or

    (d)     the member makes an assignment of remuneration for the benefit of his or her creditors; or

    (e)     the member is absent from 2 consecutive meetings of the Board, except with the permission of the Minister; or

    (f)      the member fails, without reasonable excuse, to comply with his or her obligations under section 114ZZF.

Meetings of Board

"114ZZH.(1) The Chairperson of the Board may call a meeting of the Board at any time.

"(2) The Chairperson of the Board is to preside at all meetings of the Board.

  "(3) At a meeting of the Board:

      (a) the Chairperson, the member appointed under subparagraph 114ZV(1)(c)(i) and one other member constitute a quorum; and

    (b)     a question is to be decided by a majority of the votes of the members present; and

    (c)     the Chairperson has a deliberative vote and, if the votes are equal, also has a casting vote.

  "(4) The Board must keep minutes of its meetings.

  "(5) Subject to this Part, the Board may adopt its own procedure.

Powers of Board

"114ZZJ. The Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

Secretarial assistance

"114ZZK. The Department must provide the Board with such accommodation and secretarial and other services as are required for the Board to perform its functions.

"Division 7—Part to last 3 years

Part ceases to be in force 3 years after commencement

"114ZZL.(1) This Part ceases to be in force at the end of 3 years after the commencement of the Migration Amendment Act (No. 3) 1992 ('commencement day').

"(2) Without limiting subsection (1), any investigation, or disciplinary action, being taken by, or at the request of, the Board when this Part ceases to be in