sec.86Vacation of office of member of executive committee

### sec.86 Vacation of office of member of executive committee A person elected as chairperson, secretary or treasurer of the primary thoroughfare body corporate or as a member of the executive committee vacates the person’s office— if, where the person was a member of the primary thoroughfare body corporate at the time of the person’s election, the person ceases to be a member of the primary thoroughfare body corporate; or if, where the person was not a member of the primary thoroughfare 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 primary thoroughfare body corporate; or notifies the primary thoroughfare body corporate, in writing, that his office, as a member of the executive committee, is vacated; however, this paragraph shall not apply to a secretary or treasurer of the primary thoroughfare body corporate who is not a member of the executive committee; or upon the receipt by the primary thoroughfare body corporate from the person of notice in writing of the person’s resignation; or upon the election at a general meeting of the primary thoroughfare 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 85 (3) and the number of members of the primary thoroughfare body corporate increases to more than 3, upon the election of the chairperson, secretary and treasurer of the primary thoroughfare body corporate and the other members of the executive committee at the annual general meeting, or the extraordinary general meeting referred to in section 85 (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 his 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 primary thoroughfare body corporate under division 2C ; or if the primary thoroughfare 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 primary thoroughfare body corporate or another member of the executive committee, otherwise than by reason of subsection (1) (d) or (e) , the primary thoroughfare 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 86 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2009 No. 26 s 97 (sec.86-ssec.1) A person elected as chairperson, secretary or treasurer of the primary thoroughfare body corporate or as a member of the executive committee vacates the person’s office— if, where the person was a member of the primary thoroughfare body corporate at the time of the person’s election, the person ceases to be a member of the primary thoroughfare body corporate; or if, where the person was not a member of the primary thoroughfare 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 primary thoroughfare body corporate; or notifies the primary thoroughfare body corporate, in writing, that his office, as a member of the executive committee, is vacated; however, this paragraph shall not apply to a secretary or treasurer of the primary thoroughfare body corporate who is not a member of the executive committee; or upon the receipt by the primary thoroughfare body corporate from the person of notice in writing of the person’s resignation; or upon the election at a general meeting of the primary thoroughfare 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 85 (3) and the number of members of the primary thoroughfare body corporate increases to more than 3, upon the election of the chairperson, secretary and treasurer of the primary thoroughfare body corporate and the other members of the executive committee at the annual general meeting, or the extraordinary general meeting referred to in section 85 (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 his 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 primary thoroughfare body corporate under division 2C ; or if the primary thoroughfare body corporate, pursuant to a special resolution, determines that the person’s office is vacated. (sec.86-ssec.2) Upon the occurrence of a vacancy in the office of chairperson, secretary or treasurer of the primary thoroughfare body corporate or another member of the executive committee, otherwise than by reason of subsection (1) (d) or (e) , the primary thoroughfare 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 primary thoroughfare body corporate at the time of the person’s election, the person ceases to be a member of the primary thoroughfare body corporate; or - (b) if, where the person was not a member of the primary thoroughfare 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 primary thoroughfare body corporate; or (ii) notifies the primary thoroughfare body corporate, in writing, that his office, as a member of the executive committee, is vacated; however, this paragraph shall not apply to a secretary or treasurer of the primary thoroughfare body corporate who is not a member of the executive committee; or - (i) ceases to be a member of the primary thoroughfare body corporate; or - (ii) notifies the primary thoroughfare body corporate, in writing, that his office, as a member of the executive committee, is vacated; - (c) upon the receipt by the primary thoroughfare 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 primary thoroughfare 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 85 (3) and the number of members of the primary thoroughfare body corporate increases to more than 3, upon the election of the chairperson, secretary and treasurer of the primary thoroughfare body corporate and the other members of the executive committee at the annual general meeting, or the extraordinary general meeting referred to in section 85 (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 his 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 primary thoroughfare body corporate under division 2C ; or - (k) if the primary thoroughfare body corporate, pursuant to a special resolution, determines that the person’s office is vacated. - (i) ceases to be a member of the primary thoroughfare body corporate; or - (ii) notifies the primary thoroughfare body corporate, in writing, that his office, as a member of the executive committee, is vacated;