Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 192H

Misbehaviour or incapacity

  (1)   The Minister may terminate the appointment of an Indigenous Land and Sea Corporation Director because of misbehaviour or physical or mental incapacity.

Bankruptcy, conflict of interest etc.

  (2)   If an Indigenous Land and Sea Corporation Director:

  (a)   becomes bankrupt; or

  (b)   applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

  (c)   compounds with his or her creditors; or

  (d)   makes an assignment of his or her remuneration for the benefit of his or her creditors; or

  (e)   fails, without reasonable excuse, to comply with subsection   192F(3);

the Minister must terminate the appointment of the Director.

Note:   The appointment of an Indigenous Land and Sea Corporation Director may also be terminated under section   30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

Full - time Chairperson--unauthorised absence, paid employment

  (3)   If the Indigenous Land and Sea Corporation Chairperson holds office on a full - time basis and the Chairperson:

  (a)   is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

  (b)   engages, except with the agreement of the Indigenous Land and Sea Corporation Board, in paid employment outside the duties of his or her office;

the Minister must terminate the appointment of the Chairperson.

Part - time Directors--unauthorised absence

  (4)   If an Indigenous Land and Sea Corporation Director who holds office on a part - time basis is absent, except on leave granted under section   192C, from 3 consecutive meetings of the Indigenous Land and Sea Corporation Board, the Minister must terminate the appointment of the Director.