QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.34Councillor-members
Start here
Get a plain-English read of sec.34
Turn the raw legal text into a practical explanation grounded in South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
### sec.34 Councillor-members
Unless the participation agreement provides otherwise, a board’s councillor-members can not be—
appointed for a term of more than 4 years; or
appointed or reappointed if, at any time, they have already served a term of 4 years or terms totalling 4 years.
A is a councillor-member appointed for a 4-year term. A ceases to be a councillor of the relevant council after 3 of those years. B, another councillor of the council, is appointed to replace A for the rest of that term. B is re-elected as a councillor of the council. The participation agreement does not provide for more than a 4-year term for councillor-members. Therefore, B can only be reappointed for 3 more years.
A councillor-member’s appointment ends if—
the person stops being a councillor of the relevant council; or
either—
all participating local governments have, by resolution, so agreed; or
the ending happens under the participation agreement.
A vacancy under subsection (2) may be filled—
only by—
a councillor of the relevant council; or
if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and
in the way provided for under the participation agreement.
A councillor-member’s appointment is suspended during any period of suspension of the person as a councillor of the relevant council.
s 34 sub 2012 No. 1 s 12
(sec.34-ssec.1) Unless the participation agreement provides otherwise, a board’s councillor-members can not be— appointed for a term of more than 4 years; or appointed or reappointed if, at any time, they have already served a term of 4 years or terms totalling 4 years. A is a councillor-member appointed for a 4-year term. A ceases to be a councillor of the relevant council after 3 of those years. B, another councillor of the council, is appointed to replace A for the rest of that term. B is re-elected as a councillor of the council. The participation agreement does not provide for more than a 4-year term for councillor-members. Therefore, B can only be reappointed for 3 more years.
(sec.34-ssec.2) A councillor-member’s appointment ends if— the person stops being a councillor of the relevant council; or either— all participating local governments have, by resolution, so agreed; or the ending happens under the participation agreement.
(sec.34-ssec.3) A vacancy under subsection (2) may be filled— only by— a councillor of the relevant council; or if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and in the way provided for under the participation agreement.
(sec.34-ssec.4) A councillor-member’s appointment is suspended during any period of suspension of the person as a councillor of the relevant council.
- (a) appointed for a term of more than 4 years; or
- (b) appointed or reappointed if, at any time, they have already served a term of 4 years or terms totalling 4 years. Example— A is a councillor-member appointed for a 4-year term. A ceases to be a councillor of the relevant council after 3 of those years. B, another councillor of the council, is appointed to replace A for the rest of that term. B is re-elected as a councillor of the council. The participation agreement does not provide for more than a 4-year term for councillor-members. Therefore, B can only be reappointed for 3 more years.
- (a) the person stops being a councillor of the relevant council; or
- (b) either— (i) all participating local governments have, by resolution, so agreed; or (ii) the ending happens under the participation agreement.
- (i) all participating local governments have, by resolution, so agreed; or
- (ii) the ending happens under the participation agreement.
- (i) all participating local governments have, by resolution, so agreed; or
- (ii) the ending happens under the participation agreement.
- (a) only by— (i) a councillor of the relevant council; or (ii) if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and
- (i) a councillor of the relevant council; or
- (ii) if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and
- (b) in the way provided for under the participation agreement.
- (i) a councillor of the relevant council; or
- (ii) if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and