QLDIn ForceAct
Torres Strait Islander Land Act 1991
sec.157Grounds for removal or suspension of member
Start here
Get a plain-English read of sec.157
Turn the raw legal text into a practical explanation grounded in Torres Strait Islander Land Act 1991.
### sec.157 Grounds for removal or suspension of member
Each of the following is a ground for removing or suspending a member—
if the member is a member of the executive committee of the land trust, the member—
in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or
is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;
the member has stolen, misappropriated or improperly applied trust property;
the member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.
Also, it is a ground for the Minister to remove or suspend a member that, because of any circumstances affecting the operation of the land trust—
the land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and
a ground mentioned in subsection (1) (a) , (b) or (c) exists in relation to the member.
A land trust can not form a quorum for a general meeting of the land trust to remove or suspend a member.
s 157 sub 2011 No. 26 s 175
amd 2013 No. 23 s 214
(sec.157-ssec.1) Each of the following is a ground for removing or suspending a member— if the member is a member of the executive committee of the land trust, the member— in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way; the member has stolen, misappropriated or improperly applied trust property; the member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.
(sec.157-ssec.2) Also, it is a ground for the Minister to remove or suspend a member that, because of any circumstances affecting the operation of the land trust— the land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and a ground mentioned in subsection (1) (a) , (b) or (c) exists in relation to the member. A land trust can not form a quorum for a general meeting of the land trust to remove or suspend a member.
- (a) if the member is a member of the executive committee of the land trust, the member— (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;
- (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or
- (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;
- (b) the member has stolen, misappropriated or improperly applied trust property;
- (c) the member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.
- (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or
- (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;
- (a) the land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and
- (b) a ground mentioned in subsection (1) (a) , (b) or (c) exists in relation to the member.