Australian Capital Territory Numbered Regulations

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VETERINARY SURGEONS REGULATION 2015 (NO 39 OF 2015) - REG 68

Board nominees

    (1)     This section applies if—

        (a)     there is a casual vacancy for a position on the board; and

        (b)     either—

              (i)     the former board member's term had not more than 1 year to run; or

              (ii)     the electoral commissioner tells the board president under section 64 (4) that it is not practicable to fill the vacancy; or

              (iii)     the commissioner tells the board president under section 66 (2) that there are no candidates for the vacancy.

    (2)     If the board is satisfied that, because of the size of the board, it is not practicable for the board to exercise its functions without filling the vacancy, the board may ask the Minister to nominate a person to fill the vacancy.

    (3)     If the board asks the Minister to fill the vacancy, the Minister must, after consulting the board, nominate a person who is eligible to be elected to the vacant position and tell the electoral commissioner about the nomination.

    (4)     The electoral commissioner must—

        (a)     declare the person elected; and

        (b)     tell the board president, in writing, about the person's election.

    (5)     To remove any doubt, the board may exercise functions under this section even if it does not have a quorum.

Note     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity ).



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