New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 33

33 Election to be held to fill a vacancy in the membership of a trust board

(1) Within 14 days after a vacancy arises in the membership of a trust board, the board must convene a special general meeting of commoners for the purpose of holding an election to fill the vacancy.

(2) The trust board concerned must cause such a meeting to be held within 1 month after the vacancy arises.

(3) However, if the vacancy arises less than 2 months before the vacating member’s term of office was due to end, the trust board is not required to call such a meeting, unless the failure to fill the vacancy would result in there being an insufficient number of members to enable the board to have a quorum at its meetings.

(4) If a vacancy or vacancies in the membership of a trust board result in there being an insufficient number of members to enable the board to have a quorum at its meetings, the remaining member or members of the board must exercise the functions imposed on the board by this section and section 34.

(5) If a special general meeting of commoners is not convened or held as required by this section, the Minister may:

(a) convene such a meeting, and

(b) appoint a person to preside at the meeting.