QLDIn ForceAct
Torres Strait Islander Land Act 1991
sec.162Immediate suspension of member
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### sec.162 Immediate suspension of member
The Minister may suspend a member of a land trust immediately if the Minister believes—
either—
a ground exists to remove or suspend the member; or
the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and
it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.
However, the Minister may only immediately suspend the member under this section if the Minister also gives a show cause notice under section 161 to the member and the land trust in relation to the proposed action of removing or suspending the member.
If the Minister decides to immediately suspend the member, the Minister must, at the same time the Minister gives the show cause notice under section 161 —
give the member an information notice about the decision to immediately suspend the member; and
give a copy of the information notice mentioned in paragraph (a) to the land trust.
The suspension—
operates immediately the notices mentioned in subsection (3) are given to the member; and
if the member is also a member of another land trust—suspends the member as a member of the other land trust; and
continues to operate until the earlier of the following happens—
the show cause notice is finally dealt with;
60 days have passed since the notices were given to the member.
s 162 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 85 s 170C (amd 1994 No. 61 s 2 sch 2 ); 2000 No. 16 s 590 sch 1 pt 2
sub 2011 No. 26 s 175 ; 2013 No. 23 s 218
(sec.162-ssec.1) The Minister may suspend a member of a land trust immediately if the Minister believes— either— a ground exists to remove or suspend the member; or the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.
(sec.162-ssec.2) However, the Minister may only immediately suspend the member under this section if the Minister also gives a show cause notice under section 161 to the member and the land trust in relation to the proposed action of removing or suspending the member.
(sec.162-ssec.3) If the Minister decides to immediately suspend the member, the Minister must, at the same time the Minister gives the show cause notice under section 161 — give the member an information notice about the decision to immediately suspend the member; and give a copy of the information notice mentioned in paragraph (a) to the land trust.
(sec.162-ssec.4) The suspension— operates immediately the notices mentioned in subsection (3) are given to the member; and if the member is also a member of another land trust—suspends the member as a member of the other land trust; and continues to operate until the earlier of the following happens— the show cause notice is finally dealt with; 60 days have passed since the notices were given to the member.
- (a) either— (i) a ground exists to remove or suspend the member; or (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and
- (i) a ground exists to remove or suspend the member; or
- (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and
- (b) it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.
- (i) a ground exists to remove or suspend the member; or
- (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and
- (a) give the member an information notice about the decision to immediately suspend the member; and
- (b) give a copy of the information notice mentioned in paragraph (a) to the land trust.
- (a) operates immediately the notices mentioned in subsection (3) are given to the member; and
- (b) if the member is also a member of another land trust—suspends the member as a member of the other land trust; and
- (c) continues to operate until the earlier of the following happens— (i) the show cause notice is finally dealt with; (ii) 60 days have passed since the notices were given to the member.
- (i) the show cause notice is finally dealt with;
- (ii) 60 days have passed since the notices were given to the member.
- (i) the show cause notice is finally dealt with;
- (ii) 60 days have passed since the notices were given to the member.