65ENTermination of appointments

#### 65EN Termination of appointments (1) The responsible entity for a Board member may terminate the member’s appointment: (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 responsible entity for a Board member may terminate the member’s appointment 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) for a Board member appointed under subsection 65ED(1)—the Board becomes aware of circumstances in relation to the matters mentioned in paragraph 65ED(2)(b) or (c) that, had the Board been aware of those circumstances when the member was appointed, would have resulted in the member not being appointed. (3) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies in relation to a person appointed as a Board member under subsection 65ED(1) as if the Board were a person. > Note: The appointment of any Board member may 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). (4) A person appointed as a Board member under subsection 65ED(1): (a) must not be present while the matter of the termination of the person’s appointment is being considered by the Board; and (b) must not vote on the matter. (5) A Land Council Board member’s appointment is terminated by force of this subsection if, because of subsection 29(4), the Board member ceases to be a member of the Land Council that appointed the Board member under subsection 65EB(1). > Note: Subsection 29(4) provides that a person ceases to be a member of a Land Council if a disqualifying event happens in relation to the person. Subsection 29(5) sets out the relevant disqualifying events. (6) A Land Council must terminate the appointment of a Land Council Board member appointed by the Land Council under subsection 65EB(1) if the Land Council is satisfied that the Board member has ceased to be a member of the Land Council (otherwise than because of subsection 29(4)).