New South Wales Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 400X

Vacancy in office of representatives or non-voting chairperson

400X Vacancy in office of representatives or non-voting chairperson

(1) A voting representative on or a non-voting chairperson of a joint organisation ceases to hold office as a voting representative or chairperson if the person--
(a) ceases to be the mayor or a councillor of a member council, or
(b) is a voting representative (other than a mayor) and resigns the office by writing addressed to the chairperson, or
(c) is a voting representative (other than a mayor) and the person's nomination as a voting representative is revoked, or
(d) is removed from office by the Minister.
Note : See section 275 for the circumstances in which a person is disqualified from holding civic office.
(2) A voting representative who is suspended from office as a mayor or councillor of a member council (other than as a result of the suspension of a council and the appointment of an administrator) is suspended from office as a voting representative for the duration of the suspension.
(3) A member council may make a written request to the Minister that the mayor of the council be removed by the Minister as a voting representative on the board of a joint organisation on the ground of exceptional circumstances. The request may, but need not, be supported by the mayor.
(4) The Minister may remove a person from office as a voting representative on the board of a joint organisation at any time without notice and for no stated or any reason.
(5) However, the Minister must provide a written statement setting out the reasons for any such removal and make those reasons publicly available.
(6) If a person ceases to be a voting representative on the board of a joint organisation because the person is removed from office under this section, the relevant member council must appoint a councillor of the council to be a voting representative instead of the former representative for the remainder of the former representative's term of office.



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