Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 178

Ending board member appointments

    (1)     The Minister may end the appointment of a board member—

        (a)     if the member contravenes a territory law; or

        (b)     for misbehaviour; or

        (c)     if the member becomes bankrupt or personally insolvent; or

Note     Bankrupt or personally insolvent —see the Legislation Act

, dictionary, pt 1.

        (d)     if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

        (e)     if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

        (f)     if the member contravenes section 177 (Disclosure of interests by board members).

Note     A member's appointment also ends if the member resigns (see Legislation Act

, s 210).

    (2)     The Minister must end the appointment of a board member—

        (a)     if the member is absent from 3 consecutive meetings of the board (other than a meeting of a division of the board), without leave approved by the Minister; or

        (b)     if the member is assigned to a division of the board and is absent from 3 consecutive meetings of the division without leave approved by the chair; or

        (c)     if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member's functions; or

        (d)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions; or

        (e)     for a judicial member, if the member is no longer a judicially qualified person.

    (3)     In this section:

"judicially qualified"—see section 174 (8) (Appointment of board members).



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