QLDIn ForceAct
River Improvement Trust Act 1940
sec.5KRemoval from office as member
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### sec.5K Removal from office as member
This section applies to a local government, the Minister or the Governor in Council for removing from office as a member of a trust a person the local government, Minister or Governor in Council has appointed.
The local government, Minister or Governor in Council may remove the person from the office on any of the following grounds—
the person is ineligible to be appointed as a member under section 5C ;
the person is absent from 3 consecutive meetings of the trust without the trust’s leave and without reasonable excuse;
the person declines to act as a member;
the person is convicted of an offence against this Act.
The Minister may remove a person from office as a member of a trust if—
the person was appointed by the Minister under section 5 (1) (b) ; and
the Minister believes on reasonable grounds that the person is not acting in the best interests of the trust.
The Governor in Council may remove a person from office as a member of a trust if—
the person was appointed by the Governor in Council under section 5 (1A) (b) (ii) ; and
the Minister, in recommending the person’s removal to the Governor in Council, believes on reasonable grounds that the person is not acting in the best interests of the trust.
s 5K ins 2013 No. 23 s 189
amd 2014 No. 64 s 28
(sec.5K-ssec.1) This section applies to a local government, the Minister or the Governor in Council for removing from office as a member of a trust a person the local government, Minister or Governor in Council has appointed.
(sec.5K-ssec.2) The local government, Minister or Governor in Council may remove the person from the office on any of the following grounds— the person is ineligible to be appointed as a member under section 5C ; the person is absent from 3 consecutive meetings of the trust without the trust’s leave and without reasonable excuse; the person declines to act as a member; the person is convicted of an offence against this Act.
(sec.5K-ssec.3) The Minister may remove a person from office as a member of a trust if— the person was appointed by the Minister under section 5 (1) (b) ; and the Minister believes on reasonable grounds that the person is not acting in the best interests of the trust.
(sec.5K-ssec.4) The Governor in Council may remove a person from office as a member of a trust if— the person was appointed by the Governor in Council under section 5 (1A) (b) (ii) ; and the Minister, in recommending the person’s removal to the Governor in Council, believes on reasonable grounds that the person is not acting in the best interests of the trust.
- (a) the person is ineligible to be appointed as a member under section 5C ;
- (b) the person is absent from 3 consecutive meetings of the trust without the trust’s leave and without reasonable excuse;
- (c) the person declines to act as a member;
- (d) the person is convicted of an offence against this Act.
- (a) the person was appointed by the Minister under section 5 (1) (b) ; and
- (b) the Minister believes on reasonable grounds that the person is not acting in the best interests of the trust.
- (a) the person was appointed by the Governor in Council under section 5 (1A) (b) (ii) ; and
- (b) the Minister, in recommending the person’s removal to the Governor in Council, believes on reasonable grounds that the person is not acting in the best interests of the trust.