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LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.4

LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.4

[Section 2.41]

1 .         Eligibility for appointment

        (1)         Any person is eligible for appointment as a commissioner if he or she is qualified to be elected as a member of the council of the local government concerned or would be so qualified if he or she were an elector of the district.

        (2)         Nothing in this Act prevents a person from being a commissioner of more than one local government or a member or former member of a council of a local government from being a commissioner of a local government.

        [Clause 1 amended: No. 1 of 1998 s. 25; No. 49 of 2004 s. 70.]

2 .         Tenure

                Subject to clause 3, a commissioner holds office for the period set out in section 2.6(4), 2.36A(3), 2.37(4), 2.37A(1), 8.30 or 8.33, whichever is applicable.

        [Clause 2 amended: No. 1 of 1998 s. 6(4); No. 64 of 1998 s. 4(6).]

3 .         Vacancies

                The office of a commissioner becomes vacant if —

            (a)         the commissioner dies; or

            (b)         the Governor receives the written resignation of the commissioner; or

            (c)         the commissioner is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the joint commissioners of which he or she has had notice; or

            (d)         the commissioner ceases to be eligible for appointment as a commissioner; or

            (e)         the Governor terminates the commissioner’s appointment.

4 .         Vacancies may be filled

                If the office of a commissioner becomes vacant the Governor may appoint a person to fill the vacancy.

5 .         Payment of commissioners

        (1)         A commissioner is to be paid remuneration and allowances, and reimbursed for expenses, in accordance with determinations made by the Minister from time to time.

        (2)         Payments and reimbursements under subclause (1) are to be made out of the funds of the local government concerned.

6 .         Procedure at meetings of joint commissioners

        (1)         At a meeting of joint commissioners —

            (a)         if 3 commissioners are appointed, 2 of them constitute a quorum; and

            (b)         if 5 commissioners are appointed, 3 of them constitute a quorum; and

            (c)         the chairperson, or in his or her absence the deputy chairperson, is to preside; and

            (d)         if 5 commissioners are appointed and the chairperson and the deputy chairperson are both absent, a commissioner chosen by those present is to preside.

        (2)         When a question arises at a meeting of joint commissioners —

            (a)         a decision on the question is to be made by simple majority unless subclause (3) applies; and

            (b)         each commissioner who is present is entitled to one vote; and

            (c)         if the votes are equally divided, the person presiding may cast a second vote.

        (3)         If 5 commissioners are appointed and a decision to be made on a question is one that would require an absolute majority of a council, the decision is to be made by an absolute majority of those commissioners.

        [Clause 6 amended: No. 64 of 1998 s. 55; No. 16 of 2019 s. 70.]