5Term of office and removal of members

5 Term of office and removal of members

[Section 5 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]

(1)  *[Section 5 Subsection (1) substituted by No. 8 of 1990, s. 6 ]*Subject to this section, a member shall –

(a) [Section 5 Subsection (1) amended by No. 3 of 2015, s. 5, Applied:15 May 2015] be appointed for such term, not exceeding 5 years, as is specified in the member's instrument of appointment; and

(b) if otherwise qualified, be eligible for re-appointment.

(2)  [Section 5 Subsection (2) amended by No. 3 of 2015, s. 5, Applied:15 May 2015] If a member dies or ceases to hold office otherwise than by reason of the effluxion of time, the Governor may appoint a person (being a person nominated as provided by section 4(1)(b) , or nominated and approved as provided by section 4(1)(c) , as the case requires) to fill the office for the remainder of the term for which the vacating member was so appointed.

(3)  *[Section 5 Subsection (3) amended by No. 8 of 1990, s. 6 ]*The Governor may remove a member from office if he is satisfied that that member –

(a) has become incapable of carrying out the duties of his office;

(b) has misconducted himself in the performance of the duties of his office;

(c) has, without leave of the Commission, been absent from 3 or more consecutive meetings of the Commission;

(d) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; or

(e) has been convicted (whether in this State or elsewhere) of an offence of such a nature that, in the opinion of the Governor, renders it improper for him to continue to be a member;

(f) has been nominated as a candidate for election as a member of the council; or

(g) [Section 5 Subsection (3) amended by No. 21 of 2000, s. 42, Applied:01 Jul 2000] has entered into a contract of employment with a council.