Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section does not apply to the members of a council specified in section 45(1)(b), (c) and (d) or (2)(b) as members ex officio.
(2) The Minister must remove a member of a council from office if the member:
(a) is convicted in the Territory of an offence punishable by imprisonment, or is convicted elsewhere than in the Territory of an offence which, if committed in the Territory, would be an offence so punishable; or
(b) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, or compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(c) is the subject of a report of the Chief Health Officer, based on advice from 2 medical practitioners, that as a result of the member's mental illness, as defined in the Mental Health and Related Services Act , he or she has become incapable of performing his or her duties as a member and is unlikely to be able to perform them for the remainder of his or her term of appointment; or
(d) knowingly contravenes section 50; or
(e) ceases to hold the qualification, if any, necessary under section 45 for his or her appointment or election as the case may be.
(3) The Minister may remove a member from office if the member:
(a) has, in the opinion of the Minister, been guilty of grave misconduct or wilful neglect in the discharge of the member's office; or
(b) is, in the opinion of the Minister, physically or (even if the case does not fall within subsection (2)(c)) mentally incapable of performing the duties of the office; or
(c) has, except with the leave of the council, been absent from 3 consecutive meetings of the council of which notice has been given to him or her personally or by post.
(4) A member may resign the office by writing signed by him or her and delivered to the Minister.
(5) Where a vacancy occurs in the office of a member elected under section 45(1)(e) or (f) or (2)(c) or (d) otherwise than by the expiry of his or her or her term of office, the Minister may appoint a person to fill the vacancy for the unexpired portion of that term.