Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 2) 1993 No. 37 of 1993 - SECT 26

26. After section 122 of the Principal Act the following sections are
inserted: Suspension and removal from office of Regional Councillor Commission
may suspend a Regional Councillor

"122A.(1) Subject to subsection (2), the Commission may suspend a Regional
Councillor from office because of misbehaviour or physical or mental
incapacity. Commission must give Regional Councillor notice before suspension

"(2) The Commission must not suspend the Regional Councillor from office
unless the Commission has, by written notice served on the Regional
Councillor, given the Regional Councillor 30 days within which to show cause
why he or she should not be suspended. Statement to be laid before each House
of the Parliament

"(3) The Commission must cause a statement identifying the Regional Councillor
and setting out the ground of the suspension to be laid before each House of
the Parliament within 7 sitting days of that House after the suspension.
Regional Councillor must be restored to office if declaration made by both
Houses of Parliament

"(4) If such a statement has been laid before a House of the Parliament, that
House may, within 15 sitting days of that House after the day on which the
statement has been laid before it, by resolution, declare that the Regional
Councillor ought to be restored to office. If each House so passes such a
resolution, the Commission must terminate the suspension. Commission may
remove Regional Councillor from office if no declaration

"(5) If, at the end of 15 sitting days of a House of the Parliament after the
day on which the statement has been laid before that House, that House has not
passed such a resolution, the Commission may remove the Regional Councillor
from office. Statement to be laid before Parliament if Regional Councillor
removed from office

"(6) If the Commission removes a Regional Councillor from office, the
Commission must cause to be laid before each House of the Parliament, within 7
sitting days of that House after the removal, a statement:

   (a)  identifying the Regional Councillor; and

   (b)  stating that he or she has been removed from office; and

   (c)  setting out the ground of the removal from office. Regional Council
        may recommend that action be taken against Regional Councillor

"122B.(1) A Regional Council may recommend that the Commission take action
against a member of the Council under section 122 or 122A.

"(2) The Commission must consider the recommendation.".