(1) The office of a member becomes vacant if ¾
(a) the term of the member expires;
(b) the member resigns by written notice addressed to the Minister;
(c) the member is an undischarged bankrupt or a person whose property is subject to an arrangement under the laws relating to bankruptcy;
(d) the member is convicted of an indictable offence; or
(e) the appointment of the member is terminated under subclause (2).
(2) The Minister may at his or her discretion terminate the appointment of a member at any time.
2. Leave of absence
The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.
3. Meetings
(1) The chairperson is to preside at any meeting at which the chairperson is present.
(2) If the chairperson, and in the case of a governing council the deputy chairperson, is not present at a meeting the members present are to elect one of their number to preside at the meeting.
(3) A quorum for a meeting is at least one half of the number of members or if a quorum cannot be present at a meeting because of the operation of clause 5, a quorum for that meeting is such number of members as the Minister may determine.
(4) Any question arising at a meeting is to be decided by a majority of the votes of the members present and in the event of an equality of votes the chairperson, or the person presiding, is to have a casting as well as a deliberative vote.
4. Disclosure of interests
(1) A member who has a material personal interest in a matter being considered or about to be considered by the body of which he or she is a member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the body.
Penalty: $10 000.
(2) The circumstances in which a person has a material personal interest in a matter being considered or about to be considered by a body include a case where an entity with which the member is associated may benefit from the body's decision on the matter.
(3) A disclosure under subclause (1) is to be recorded in the minutes of the meeting.
5. Voting by interested members
A member who has a material personal interest in a matter, within the meaning in clause 4, that is being considered by the body of which he or she is a member ¾
(a) must not vote whether at a meeting or otherwise ¾
(i) on the matter; or
(ii) on a proposed resolution under clause 6 in respect of the matter, whether relating to that member or a different member;
and
(b) must not be present while ¾
(i) the matter; or
(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),
is being considered at a meeting.
6. Clause 5 may be declared inapplicable
Clause 5 does not apply if the body has at any time passed a resolution that ¾
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.
[Schedule 2 has not come into operation 2.]
[Schedules 3 and 4 omitted under the Reprints Act 1984 s. 7(4)(e).]