QLDIn ForceAct
Torres Strait Islander Land Act 1991
sec.156Minister may appoint member
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### sec.156 Minister may appoint member
The Minister may, by notice given to a land trust, appoint a person to be a member of the land trust if—
because of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or
A land trust can not form a quorum for a meeting of the land trust to appoint a member.
the Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act.
The Minister might appoint a member to replace a member removed by the Minister under this division.
Before acting under subsection (1) , the Minister must—
consult with the land trust; and
if the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.
The Minister must not appoint a person under subsection (1) without the person’s consent.
The Minister must give the person a copy of the notice mentioned in subsection (1) when the notice is given to the land trust.
A person appointed as a member of a land trust under this section becomes a member on the day stated in the notice.
In acting under this section, the Minister must have regard to any Island custom applicable to the Torres Strait Islander land held by the land trust.
s 156 sub 2011 No. 26 s 175
amd 2013 No. 23 ss 211 , 352 sch 1 pt 1
(sec.156-ssec.1) The Minister may, by notice given to a land trust, appoint a person to be a member of the land trust if— because of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or A land trust can not form a quorum for a meeting of the land trust to appoint a member. the Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act. The Minister might appoint a member to replace a member removed by the Minister under this division.
(sec.156-ssec.2) Before acting under subsection (1) , the Minister must— consult with the land trust; and if the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.
(sec.156-ssec.3) The Minister must not appoint a person under subsection (1) without the person’s consent.
(sec.156-ssec.4) The Minister must give the person a copy of the notice mentioned in subsection (1) when the notice is given to the land trust.
(sec.156-ssec.5) A person appointed as a member of a land trust under this section becomes a member on the day stated in the notice.
(sec.156-ssec.6) In acting under this section, the Minister must have regard to any Island custom applicable to the Torres Strait Islander land held by the land trust.
- (a) because of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or Example of circumstances affecting the operation of a land trust— A land trust can not form a quorum for a meeting of the land trust to appoint a member.
- (b) the Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act. Example— The Minister might appoint a member to replace a member removed by the Minister under this division.
- (a) consult with the land trust; and
- (b) if the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.