ABORIGINAL LAND ACT 1991 - SECT 257B Land trust decisions about removal or suspension of member

ABORIGINAL LAND ACT 1991 - SECT 257B

257B Land trust decisions about removal or suspension of member

(1) This section provides for how, by a resolution of the executive committee of the land trust, the land trust decides the action to be taken about a show cause notice given to a member of the land trust.

(2) The resolution may be made only if the show cause period stated in the show cause notice has ended.

(3) The executive committee must—

(a) consider all representations about the show cause notice received under section 257A (1) ; and

(b) decide—

(i) whether a ground exists to remove or suspend the member; and

(ii) if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.

(4) The land trust must take no further action about the show cause notice if the executive committee decides—

(a) no ground exists to remove or suspend the member; or

(b) a ground exists but the removal or suspension of the member is not warranted.

(5) Subsections (6) to (8) apply if the executive committee decides a ground exists to remove or suspend the member and that the removal or suspension of the member is warranted.

(6) The executive committee may decide to—

(a) if the proposed action was to remove the member—remove or suspend the member; or

(b) if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.

(7) If a motion proposing removal or suspension fails to pass by resolution, the executive committee of the land trust may decide to—

(a) adjourn the matter of the proposed action; or

(b) refer the matter of the proposed action to a general meeting of the land trust to decide; or

(c) take no further action about the show cause notice.

(8) A decision to remove or suspend takes effect on the later of the following—

(a) the day an information notice about the decision is given to the member under section 257D ;

(b) any later day stated in the notice.

(9) The executive committee of the land trust must record its decisions under this section—

(a) if a decision was made at a meeting of the executive committee—in the minutes of the meeting at which the decision was made; or

(b) otherwise—in writing.