Document ID: chunk:federal_register_of_legislation:C2004A04592:schedule:2:p2
Version: federal_register_of_legislation:C2004A04592
Segment Type: schedule
Provision Reference: sch 2 (pt 2/13)
Character Range: 15796–18680

Part (other than section 17) apply to the round of Regional Council elections for 1993 and to each later round.

(2) The amendments made by section 17 do not apply until immediately after the end of the election period for the round of Regional Council elections for 1993.

PART 5—AMENDMENTS RELATING TO REGIONAL
COUNCILS

Interpretation

21. Section 4 of the Principal Act is amended by omitting from subsection (1) the definition of "Executive Committee".

Persons qualified to be elected to Regional Councils

  22. Section 102 of the Principal Act is amended:

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

  (b) by adding at the end of subsection (1) the following paragraphs:

  "; (f) the person is bankrupt; or

        (g) there is in operation a composition, deed of arrangement or deed of assignment with the person's creditors under the law relating to bankruptcy.".

Disclosure of interests

23. Section 119 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:

"(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting and the member must not:

     (a) unless the Minister otherwise determines in writing—be present during any deliberation of the Regional Council with respect to that matter; or

     (b) unless the Minister otherwise determines in writing—take part in any decision of the Regional Council with respect to that matter.

"(3) The Minister may, by writing, delegate to the Commission Chairperson any or all of the Minister's powers under subsection (2).

"(4) The Minister may make a written determination providing that specified interests are taken to be direct or indirect pecuniary interests for the purposes of this section.

"(5) The Minister may make a written determination providing that specified interests are taken not to be direct or indirect pecuniary interests for the purposes of this section.

"(6) A determination under subsection (4) or (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.".

Persons taken to have resigned from Regional Councils in certain circumstances

24. Section 121 of the Principal Act is amended by inserting after subsection (1A) the following subsection:

"(1B) Subsection (1) does not apply to the Chairperson of a Regional Council if the Commission makes a written determination that it is satisfied that the Chairperson lives within reasonable daily commuting distance of an office of the Commission that serves the region concerned.".

Persons cease to be members of Regional Councils in certain 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