sec.42Vacation of office of member of executive committee

### sec.42 Vacation of office of member of executive committee A person elected as chairperson, secretary or treasurer of the principal body corporate or as a member of the executive committee vacates the person’s office— if, where the person was a member of the principal body corporate at the time of the person’s election, the person ceases to be such a member; or if, where the person was not a member of the principal body corporate at the time of the person’s election, the member who nominated the person for election— ceases to be a member of the principal body corporate; or notifies the principal body corporate, in writing, that the person’s office, as member of the executive committee, is vacated; however, this paragraph shall not apply to a secretary or treasurer of the principal body corporate who is not a member of the executive committee; or upon the receipt by the principal body corporate from the person of notice in writing of the person’s resignation; or upon the election at a general meeting of the principal body corporate of another person to that office or as a member of the executive committee; or where the person is a member referred to in section 41 (3) and the number of members of the principal body corporate increases to more than 3—upon the election of the chairperson, secretary and treasurer of the principal body corporate and the other members of the executive committee at the annual general meeting, or the extraordinary general meeting referred to in section 41 (5) ; or if the person is absent without prior leave granted by the executive committee from 3 consecutive meetings of the executive committee of which due notice has been given to the person; or if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or if the person is convicted in Queensland of an indictable offence or, elsewhere than in Queensland, is convicted of an offence which would be an indictable offence if committed in Queensland; or if the person dies; or if the person is removed from office by ordinary resolution of the principal body corporate under division 2D ; or if the principal body corporate, pursuant to a special resolution, determines that the person’s office is vacated. Upon the occurrence of a vacancy in the office of chairperson, secretary or treasurer of the principal body corporate or another member of the executive committee, otherwise than by reason of subsection (1) (d) or (e) , the principal body corporate shall appoint a person eligible for election as such to fill the vacancy, and a person so appointed shall, subject to this section, hold office for the balance of the person’s predecessor’s term of office. s 42 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2009 No. 26 s 82 (sec.42-ssec.1) A person elected as chairperson, secretary or treasurer of the principal body corporate or as a member of the executive committee vacates the person’s office— if, where the person was a member of the principal body corporate at the time of the person’s election, the person ceases to be such a member; or if, where the person was not a member of the principal body corporate at the time of the person’s election, the member who nominated the person for election— ceases to be a member of the principal body corporate; or notifies the principal body corporate, in writing, that the person’s office, as member of the executive committee, is vacated; however, this paragraph shall not apply to a secretary or treasurer of the principal body corporate who is not a member of the executive committee; or upon the receipt by the principal body corporate from the person of notice in writing of the person’s resignation; or upon the election at a general meeting of the principal body corporate of another person to that office or as a member of the executive committee; or where the person is a member referred to in section 41 (3) and the number of members of the principal body corporate increases to more than 3—upon the election of the chairperson, secretary and treasurer of the principal body corporate and the other members of the executive committee at the annual general meeting, or the extraordinary general meeting referred to in section 41 (5) ; or if the person is absent without prior leave granted by the executive committee from 3 consecutive meetings of the executive committee of which due notice has been given to the person; or if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or if the person is convicted in Queensland of an indictable offence or, elsewhere than in Queensland, is convicted of an offence which would be an indictable offence if committed in Queensland; or if the person dies; or if the person is removed from office by ordinary resolution of the principal body corporate under division 2D ; or if the principal body corporate, pursuant to a special resolution, determines that the person’s office is vacated. (sec.42-ssec.2) Upon the occurrence of a vacancy in the office of chairperson, secretary or treasurer of the principal body corporate or another member of the executive committee, otherwise than by reason of subsection (1) (d) or (e) , the principal body corporate shall appoint a person eligible for election as such to fill the vacancy, and a person so appointed shall, subject to this section, hold office for the balance of the person’s predecessor’s term of office. - (a) if, where the person was a member of the principal body corporate at the time of the person’s election, the person ceases to be such a member; or - (b) if, where the person was not a member of the principal body corporate at the time of the person’s election, the member who nominated the person for election— (i) ceases to be a member of the principal body corporate; or (ii) notifies the principal body corporate, in writing, that the person’s office, as member of the executive committee, is vacated; - (i) ceases to be a member of the principal body corporate; or - (ii) notifies the principal body corporate, in writing, that the person’s office, as member of the executive committee, is vacated; - however, this paragraph shall not apply to a secretary or treasurer of the principal body corporate who is not a member of the executive committee; or - (c) upon the receipt by the principal body corporate from the person of notice in writing of the person’s resignation; or - (d) upon the election at a general meeting of the principal body corporate of another person to that office or as a member of the executive committee; or - (e) where the person is a member referred to in section 41 (3) and the number of members of the principal body corporate increases to more than 3—upon the election of the chairperson, secretary and treasurer of the principal body corporate and the other members of the executive committee at the annual general meeting, or the extraordinary general meeting referred to in section 41 (5) ; or - (f) if the person is absent without prior leave granted by the executive committee from 3 consecutive meetings of the executive committee of which due notice has been given to the person; or - (g) if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or - (h) if the person is convicted in Queensland of an indictable offence or, elsewhere than in Queensland, is convicted of an offence which would be an indictable offence if committed in Queensland; or - (i) if the person dies; or - (j) if the person is removed from office by ordinary resolution of the principal body corporate under division 2D ; or - (k) if the principal body corporate, pursuant to a special resolution, determines that the person’s office is vacated. - (i) ceases to be a member of the principal body corporate; or - (ii) notifies the principal body corporate, in writing, that the person’s office, as member of the executive committee, is vacated;