16Removal of members of Council

### 16 Removal of members of Council > > (1)  The Governor may remove any member of the Council from office if the Governor is satisfied that the member – > > > > > > (a) has become, in the opinion of the Governor, permanently incapable of carrying out the functions of his or her office; or > > > > > > > (b) has misconducted himself or herself in the performance of the functions of his or her office; or > > > > > > > (c) has, by reason of a change of occupation or otherwise, ceased to be a person suitable to represent the interests of the classes of persons that he or she was appointed to represent; or > > > > > > > (d) has been absent from 3 or more consecutive meetings of the Council without leave of the Council; or > > > > > > > (e) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his or her creditors; or > > > > > > > (f) has been convicted (whether in this State or elsewhere) of an offence of a nature that, in the opinion of the Governor, renders it improper for the member to continue to hold his or her office. > > > (2)  Without prejudice to the generality of [subsection (1)](#GS16@Gs1@EN) , a member of the Council is taken to have misconducted himself or herself in the performance of the functions of his or her office if – > > > > > > (a) he or she votes on any matter before the Council in which he or she has, directly or indirectly, a pecuniary interest; or > > > > > > > (b) he or she takes part in, or is present at, the discussion of any such matter before the Council without disclosing his or her pecuniary interest to the members of the Council present. > > > (3)  [*\[Section 16 Subsection (3) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja44@GC1@EN) In the case of a member of the Council who has a spouse or is in a personal relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , a pecuniary interest of the spouse or the other party to the personal relationship is taken for the purposes of this section to be a pecuniary interest of the member if the interest is known to that member. > > > (4)  The Governor may not remove a member of the Council otherwise than under this section.