Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) This section applies if—
(a) an elected board member cannot for any reason exercise the functions of the position to which the member was elected; and
(b) the period for which the member cannot exercise the functions is shorter than 1 year; and
(c) the board member's inability to exercise the functions is temporary.
Examples—par (a)
1 The board member is ill or on leave.
2 The board member is outside the ACT or Australia.
Note 1 Function is defined in the Legislation Act
, dict, pt 1 to include authority, duty and power.
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(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 position of the elected board member, the board may ask the Minister to appoint a person to fill the position temporarily.
(3) If asked to do so under subsection (2) and after consulting the board, the Minister may, in writing, appoint to the board a person who is eligible to be a member of the board for the period while the elected member is unable to exercise the functions of the position.
(4) To remove any doubt, the board may exercise functions under this section even if it does not have a quorum.
Division 5.3 Disputed elections