Australian Capital Territory Numbered Acts

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OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT 2007 (NO. 31 OF 2007) - SECT 13

Section 20

substitute

20     Ending appointment of council member

    (1)     This section applies to a member of the council other than the commissioner.

    (2)     The Minister must end the appointment of a member of the council if the Minister becomes aware that the member—

        (a)     has become bankrupt or executed a personal insolvency agreement; or

        (b)     has failed to comply with section 18 (Disclosure of interest) without reasonable excuse; or

        (c)     has at any time been convicted, in Australia, of an offence punishable by imprisonment for 1 year or longer; or

        (d)     has at any time been convicted, outside Australia, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer .

    (3)     However, before ending the appointment of the member under subsection (2) (c) or (d) the Minister must be satisfied that the conviction affects the member's suitability as a member of the council.

    (4)     The Minister may end the appointment of a member of the council—

        (a)     if the member was appointed under section 14 (1) (a) and the Minister is satisfied that the member no longer represents the interests of employees; or

        (b)     if the member was appointed under section 14 (1) (b) and the Minister is satisfied that the member no longer represents the interests of employers; or

        (c)     if the member is absent from 3 consecutive meetings of the council, otherwise than on leave approved under section 17; or

        (d)     if the member contravenes a territory law; or

        (e)     for misbehaviour; or

        (f)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions.

Note     A person's appointment also ends if the person resigns (see Legislation Act, s 210).



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