sec.255Removing or suspending member

sec.255 Removing or suspending member

This section applies if— there are no accepted representations about the show cause notice; or after considering the accepted representations about the show cause notice, the Minister— still believes a ground exists to remove or suspend the member; and believes removal or suspension of the member is warranted. The Minister may— if the proposed action was to remove the member—remove the member; or if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period. Before acting under subsection (2) , the Minister must, if the Minister considers it appropriate in the circumstances, consult with and consider the views of Aboriginal people particularly concerned with the Aboriginal land held by the land trust. In acting under this section, the Minister must have regard to any Aboriginal tradition applicable to the Aboriginal land held by the land trust. If the Minister decides to take action under subsection (2) , the Minister must as soon as practicable give— the person an information notice for the decision; and the land trust notice of the decision. The decision takes effect on the later of the following— the day the information notice is given to the person; the day stated in the information notice for that purpose. s 255 ins 2011 No. 26 s 78 amd 2013 No. 23 ss 15 , 352 sch 1 (sec.255-ssec.1) This section applies if— there are no accepted representations about the show cause notice; or after considering the accepted representations about the show cause notice, the Minister— still believes a ground exists to remove or suspend the member; and believes removal or suspension of the member is warranted. (sec.255-ssec.2) The Minister may— if the proposed action was to remove the member—remove the member; or if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period. (sec.255-ssec.3) Before acting under subsection (2) , the Minister must, if the Minister considers it appropriate in the circumstances, consult with and consider the views of Aboriginal people particularly concerned with the Aboriginal land held by the land trust. (sec.255-ssec.4) In acting under this section, the Minister must have regard to any Aboriginal tradition applicable to the Aboriginal land held by the land trust. (sec.255-ssec.5) If the Minister decides to take action under subsection (2) , the Minister must as soon as practicable give— the person an information notice for the decision; and the land trust notice of the decision. (sec.255-ssec.6) The decision takes effect on the later of the following— the day the information notice is given to the person; the day stated in the information notice for that purpose.

• (a) there are no accepted representations about the show cause notice; or
• (b) after considering the accepted representations about the show cause notice, the Minister— (i) still believes a ground exists to remove or suspend the member; and (ii) believes removal or suspension of the member is warranted.