Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Board may suspend the appointment of a Land Council Board member:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of the member's office because of physical or mental incapacity.
(2) The Board may suspend the appointment of a Land Council Board Member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with member's creditors; or
(iv) makes an assignment of member's remuneration for the benefit of member's creditors; or
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or
(c) the member engages in conduct that constitutes a serious breach of any code of conduct determined by the Board; or
(d) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
(3) A Land Council Board member's appointment is suspended under subsection (1) or (2) only if the question of the suspension is agreed to by a majority of the Board, including:
(a) at least one member appointed under subsection 65EC(1) or (2); and
(b) at least one member appointed under subsection 65ED(1).
(4) The Land Council Board member:
(a) must not be present while the matter is being considered by the Board; and
(b) must not vote on the matter.
(5) If the Board suspends the appointment of a Land Council Board member in accordance with this section:
(a) the Board must give written notice of the suspension to the Land Council that appointed the member; and
(b) for the purposes of section 65EH, and the Acts Interpretation Act 1901 , the office of the Land Council Board member is taken to be vacant until the earlier of the following:
(i) the period of the appointment expires;
(ii) the Board revokes the suspension under subsection (6) of this section.
Note: If the Board suspends the appointment of a Land Council Board member in accordance with this section, the Land Council may:
(a) terminate the appointment of the Board member under section 65EN and appoint another Board member under subsection 65EB(1); or
(b) appoint an acting Board member under subsection 65EH(1).
(6) The Board may revoke the suspension of the appointment of a Land Council Board member.
(7) Subsections (3) and (4) apply in relation to the revocation of a suspension in the same way as they apply in relation to a suspension.
(8) If the Board revokes the suspension of the appointment of a Land Council Board member, the Board must give written notice of the revocation to the Board member and the Land Council that appointed the Board member.