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Building Act 1993
Sch 3Membership and procedure of boards
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Schedule 3—Membership and procedure of boards
Part 1—Membership
Parts 10, 11 and 12
1 Term of Appointment
(1) Subject to this clause, a member of a Board holds office for a period, not exceeding 3 years, specified in the instrument of his or her appointment.
(2) A member of a Board is eligible for re‑appointment.
(3) The instrument of appointment of a member of a Board may specify terms and conditions of appointment not inconsistent with this Act or the regulations.
(4) A member of a Board appointed by the Minister can be removed from office by the Minister.
Sch. 3 cl. 2 amended by No. 3/2020 s. 39.
2 Remuneration and allowances
A member of a Board (including a chairperson or deputy chairperson) is entitled to receive—
(a) remuneration; and
(b) travelling or other allowances—
from time to time fixed by the Minister in respect of that member.
3 Vacancies
(1) A member of a Board may resign from membership by letter signed by the member and delivered to the Minister.
(2) The office of a member of a Board becomes vacant if the member—
(a) becomes bankrupt[[10]](#endnote-11); or
(b) is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable; or
(c) ceases to hold a position or qualification which made the member eligible for appointment as a member.
Sch. 3 cl. 4 amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 21.4), 80/2006 s. 26(Sch. item 6).
4 Application of Public Administration Act 2004
The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of a Board in respect of the office of member.
5 Acting members
(1) If a member of a Board is unable to perform the duties of his or her office, the Minister may appoint a person to act in the place of the member during that period of inability.
(2) An acting appointment is to be for any term and on any conditions determined by the Minister.
(3) The Minister may at any time terminate an acting appointment.
(4) An acting member of a Board has all the functions of the member for whom he or she is acting.
(5) An acting member of a Board is entitled to receive any remuneration or travelling or other allowances fixed from time to time by the Minister in respect of that acting member.
(6) The provisions of this Schedule (except clause 2) applying to members of a Board also apply to acting members.
Sch. 3 cl. 5A inserted by No. 43/2024 s. 43.