Document ID: chunk:federal_register_of_legislation:C2004A04581:body:0:p5
Version: federal_register_of_legislation:C2004A04581
Segment Type: other
Provision Reference: 
Character Range: 10524–13262

of new sections

20.(1) After section 127 of the Principal Act the following sections are inserted:

Provisions relating to Chairpersons

"127A.(1) The Chairperson of a Regional Council holds office on a full-time basis.

"(2) If the Chairperson of a Regional Council becomes a Commissioner, he or she ceases to be the Chairperson of the Regional Council.

"(3) The Chairperson of a Regional Council holds office for the period starting when he or she is elected and ending at the end of the next election period of the Regional Council.

Resignation of Chairpersons

"127B.(1) The Chairperson of a Regional Council may resign by writing signed by him or her and sent to the Minister.

  "(2) The Chairperson of a Regional Council is taken to have resigned if:

  (a) he or she resigns from the Regional Council; or

     (b) under section 121, he or she is to be taken to have resigned from the Regional Council.

Termination of appointment of Chairpersons

"127C.(1) Subject to subsection (2), the Minister may suspend the Chairperson of a Regional Council from office because of misbehaviour or physical or mental incapacity.

"(2) The Minister must not suspend the Chairperson from office unless the Minister has:

    (a) by written notice served on the Chairperson, giving the Chairperson 7 days within which to show cause why the Chairperson should not be suspended; and

  (b) consulted the Commission.

"(3) The Minister must cause a statement identifying the Chairperson 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.

"(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 Chairperson ought to be restored to office and, if each House so passes such a resolution, the Minister must terminate the suspension.

"(5) If, at the expiration 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 Minister may terminate the Chairperson's appointment.

"(6) If the Chairperson of a Regional Council ceases to be a member of a Regional Council otherwise than by resigning from the Regional Council, the Minister may terminate the Chairperson's appointment.

  "(7) If the Chairperson of a Regional Council:

    (a) is convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or

    (b) is convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and