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Building Act 1993
Sch 2Members and procedures of Advisory
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Schedule 2 Members and procedures of Advisory
Committee, Practitioners Board and Appeals
Board
sections 10,
13 and 18
1 Period of appointment
(1) Subject to this Act, a member holds office until the expiration of
such period, not exceeding 3 years, as is specified in the instrument
of appointment, but is eligible for re-appointment.
(2) Where a period of appointment is not specified in the instrument of
appointment of a member, the member holds office, subject to this
Act, for 3 years.
2 Acting appointment
(1) Where a member is or is expected to be absent from duty or from
the Territory, the Minister may appoint a person (with, in the case of
the Practitioners Board, the same qualification for appointment as
the absent member) to act as the member during the absence.
(2) The Minister may, at any time, terminate an appointment made
under subclause (1).
(3) The validity of a decision of the Committee or Board must not be
questioned in any proceedings on a ground arising from the fact
that the occasion for the appointment of a person under
subclause (1) had not arisen or that an appointment under
subclause (1) had ceased to have effect.
3 Chairperson and Deputy Chairperson
(1) In the absence of the Chairperson from the Territory or from duty,
or when the Chairperson is unable to perform his or her functions,
the Deputy Chairperson may exercise the powers and must perform
the functions of the Chairperson under this Act.
(2) Subject to subclause (3), a member elected or appointed as the
Chairperson or Deputy Chairperson, while the person remains a
member, holds office for a period not exceeding 3 years and is
eligible for re-election or reappointment.
Building Act 1993 148
(3) The Committee or Board may at any time, by resolution, elect a
new Chairperson or Deputy Chairperson and, on the passing of
such a resolution, the person who held the office immediately
before the resolution was passed ceases to hold the office.
4 Resignation of members
A member may resign office by writing signed by him or her and
given to the Minister.
5 Dismissal of members
(1) The Minister may terminate the appointment of a member for
inability, inefficiency, misbehaviour or physical or mental incapacity.
(2) If a member:
(a) is absent, except by leave of the Committee or Board, from
3 consecutive meetings of the Committee or Board; or
(b) becomes bankrupt, applies to take the benefit of a law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her
remuneration for their benefit;
the Minister must terminate the appointment of the member.
(3) The Minister may terminate the appointment of a member of the
Practitioners Board who was nominated under section 12B(1) if the
member ceases to reside in the Territory.
(4) The Minister must terminate the appointment of a member of the
Practitioners Board if:
(a) the member ceases to be registered in the category of building
practitioner the interests of which the member was appointed
to represent; or
(b) the member is found guilty of professional misconduct under
section 34P(1)(a).