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ABORIGINAL LANDS ACT 1970 - SECT 15 Committee of management

ABORIGINAL LANDS ACT 1970 - SECT 15

Committee of management

    (1)     Seven persons shall be elected at the first general meeting of a Trust to form a committee of management of the Trust, and of these—

        (a)     two shall be elected to hold office until the second annual general meeting;

        (b)     two shall be elected to hold office until the third annual general meeting; and

        (c)     three shall be elected to hold office until the fourth annual general meeting.

    (2)     The members of a Trust shall from time to time in general meeting as may be required elect a person to fill any vacancy in the committee of management.

S. 15(3) amended by No. 33/2013 s. 11(1).

    (3)     Any person elected to fill a vacancy arising by expiration of the term of office for which a member was elected shall hold office until the third annual general meeting following his or her election, and any person elected to fill a vacancy otherwise arising shall hold office for the balance of the term of office of the member he or she replaces.

    (4)     It shall not be necessary for a member of a committee of management of a Trust to be a member of the Trust.

S. 15(5) amended by No. 33/2013 s. 11(2).

    (5)     No person shall be disqualified from being elected as a member of a committee of management of a Trust by reason of the fact that he or she is an officer or employee of the Trust or is interested in a contract made by the Trust, but a member of a committee of management shall not vote or take part in any discussion on any matter affecting any contract in which he or she may be interested (other than a contract of service).

S. 15(6) amended by No. 33/2013 s. 11(3)(a).

    (6)     The office of a member of a committee of management of a Trust shall become vacant if the member—

        (a)     becomes of unsound mind or otherwise incapable of acting;

        (b)     becomes bankrupt;

S. 15(6)(c) substituted by No. 33/2013 s. 11(3)(b).

        (c)     resigns from office in writing addressed to the Chairperson of the Trust; or

        (d)     is removed from office by a resolution of which special notice is given passed at a general meeting of the Trust.

    (7)     A member of a committee of management shall be eligible for re-election.

    (8)     The members of a committee of management of a Trust shall be entitled to receive such fees and travelling expenses (if any) as are from time to time fixed by resolution of the Trust passed in general meeting.

    (9)     A committee of management shall at its first meeting—

        (a)     elect one of its members to be Chairman of the Trust, and determine the period for which he is to hold office;

        (b)     appoint a Secretary of the Trust; and

        (c)     appoint some place to be the office of the Trust—

and thereafter make such elections determinations and appointments as often as may be required.

    (10)     A committee of management shall meet at least six times in each year.

    (11)     Three members of a committee of management shall constitute a quorum at any meeting.

    (12)     During a vacancy in the office of any member of a committee of management, the continuing members may (if there is a quorum) act as if the vacancy had not occurred.

S. 15(13) amended by No. 33/2013 s. 11(4).

    (13)     Subject to this Act, a question arising at any meeting of a committee of management shall be decided by a majority of votes of those present at the meeting, but where there is no majority, the Chairperson of the Trust or, if he or she is not present, the person chosen to preside at the meeting in his or her absence, shall have a second or casting vote.