QLDIn ForceAct
River Improvement Trust Act 1940
sec.5AAppointment of members to vacancies
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### sec.5A Appointment of members to vacancies
If the office of a member of a trust appointed by a local government under section 5 (1) (a) or (2) becomes vacant, the local government must appoint another of its councillors to the office within 30 days after the vacancy.
If a local government does not appoint a councillor to a vacant office under subsection (1) , the Minister may give the local government a written notice requiring it to appoint a councillor to the office within a reasonable period of at least 7 days.
If the local government does not comply with the notice, the Minister may appoint a person, whether or not a councillor of the local government, to the vacant office.
If the office of a member of a trust appointed by the Minister under section 5 (1) (b) becomes vacant, the Minister may appoint another person to the office.
However, if there are no other members of the trust appointed under section 5 (1) (b) , the Minister must appoint another person to the vacant office.
If the office of a member of a trust appointed under section 5 (1A) becomes vacant, the Governor in Council may appoint a person to the vacant office.
If the member was nominated by a local government under section 5 (1A) (a) or by an another entity under section 5 (1A) (b) (i) , the Minister must have regard to the views of the local government or other entity in recommending the appointment to the Governor in Council.
A person appointed under this section is appointed for the balance of the term of office of the person’s predecessor.
This section is subject to divisions 2 and 4 .
s 5A ins 2013 No. 23 s 189
amd 2014 No. 64 s 25
(sec.5A-ssec.1) If the office of a member of a trust appointed by a local government under section 5 (1) (a) or (2) becomes vacant, the local government must appoint another of its councillors to the office within 30 days after the vacancy.
(sec.5A-ssec.2) If a local government does not appoint a councillor to a vacant office under subsection (1) , the Minister may give the local government a written notice requiring it to appoint a councillor to the office within a reasonable period of at least 7 days.
(sec.5A-ssec.3) If the local government does not comply with the notice, the Minister may appoint a person, whether or not a councillor of the local government, to the vacant office.
(sec.5A-ssec.4) If the office of a member of a trust appointed by the Minister under section 5 (1) (b) becomes vacant, the Minister may appoint another person to the office.
(sec.5A-ssec.5) However, if there are no other members of the trust appointed under section 5 (1) (b) , the Minister must appoint another person to the vacant office.
(sec.5A-ssec.5A) If the office of a member of a trust appointed under section 5 (1A) becomes vacant, the Governor in Council may appoint a person to the vacant office.
(sec.5A-ssec.5B) If the member was nominated by a local government under section 5 (1A) (a) or by an another entity under section 5 (1A) (b) (i) , the Minister must have regard to the views of the local government or other entity in recommending the appointment to the Governor in Council.
(sec.5A-ssec.6) A person appointed under this section is appointed for the balance of the term of office of the person’s predecessor.
(sec.5A-ssec.7) This section is subject to divisions 2 and 4 .