sec.5CEligibility for appointment as member

### sec.5C Eligibility for appointment as member A person is not eligible to be appointed as a member of a trust if the person— is incapable of performing the member’s functions because of physical or mental incapacity; or is an insolvent under administration; or has been convicted of an indictable offence and the rehabilitation period for the offence has not expired or has been revived under the Criminal Law (Rehabilitation of Offenders) Act 1986 ; or is the secretary or another officer or an employee of the trust; or is directly interested in an agreement with, or on behalf of, the trust. Also, a person is not eligible to be appointed as a member of a trust by a local government under section 5 (1) (a) or (2) or 5A (1) or (2) if the person’s term of office as councillor of the local government has ended or the office has otherwise become vacant. Further, a person is not eligible to be appointed as a member of a trust by the Governor in Council under section 5 (1A) (a) if the person’s term of office as a councillor of the constituent local government that nominated the person has ended or the office has otherwise become vacant. s 5C ins 2013 No. 23 s 189 amd 2014 No. 64 s 25A ; 2023 No. 23 s 247 sch 1 s 2 (2) (sec.5C-ssec.1) A person is not eligible to be appointed as a member of a trust if the person— is incapable of performing the member’s functions because of physical or mental incapacity; or is an insolvent under administration; or has been convicted of an indictable offence and the rehabilitation period for the offence has not expired or has been revived under the Criminal Law (Rehabilitation of Offenders) Act 1986 ; or is the secretary or another officer or an employee of the trust; or is directly interested in an agreement with, or on behalf of, the trust. (sec.5C-ssec.2) Also, a person is not eligible to be appointed as a member of a trust by a local government under section 5 (1) (a) or (2) or 5A (1) or (2) if the person’s term of office as councillor of the local government has ended or the office has otherwise become vacant. (sec.5C-ssec.3) Further, a person is not eligible to be appointed as a member of a trust by the Governor in Council under section 5 (1A) (a) if the person’s term of office as a councillor of the constituent local government that nominated the person has ended or the office has otherwise become vacant. - (a) is incapable of performing the member’s functions because of physical or mental incapacity; or - (b) is an insolvent under administration; or - (c) has been convicted of an indictable offence and the rehabilitation period for the offence has not expired or has been revived under the Criminal Law (Rehabilitation of Offenders) Act 1986 ; or - (d) is the secretary or another officer or an employee of the trust; or - (e) is directly interested in an agreement with, or on behalf of, the trust.