Document ID: chunk:federal_register_of_legislation:C2004A04592:schedule:2:p5
Version: federal_register_of_legislation:C2004A04592
Segment Type: schedule
Provision Reference: sch 2 (pt 5/13)
Character Range: 23733–26484

Regional Council becomes a Commissioner, he or she ceases to be the Deputy Chairperson of the Regional Council.

Resignation of Deputy Chairperson

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

"(2) The Deputy 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 taken to have resigned from the Regional Council.

Suspension and removal from office of Deputy Chairperson

Minister may suspend Deputy Chairperson

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

Minister must give Deputy Chairperson notice before suspension

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

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

  (b) consulted the Commission.

Statement to be laid before each House of the Parliament

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

Deputy Chairperson 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 Deputy Chairperson ought to be restored to office. If each House so passes such a resolution, the Minister must terminate the suspension.

Minister may remove Deputy Chairperson from office if no declaration made

"(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 Minister may remove the Deputy Chairperson from office.

Minister must remove Deputy Chairperson from office if he or she ceases to be a Regional Councillor

"(6) If the Deputy Chairperson of a Regional Council ceases to be a Regional Councillor otherwise than by resigning from the Regional Council, the Minister must remove the Deputy Chairperson from office.

Statement to be laid before Parliament if Deputy Chairperson removed from office

"(7) If the Minister removes a person from the office of Deputy Chairperson of a Regional Council, the Minister must cause to be laid before each House of