Commonwealth Numbered Acts

LEMONTHYME AND SOUTHERN FORESTS (COMMISSION OF INQUIRY) ACT 1987 No. 13 of 1987 - SECT 9

9. (1) If a member dies, becomes physically or mentally incapable of
performing the functions of a member or, by notice in writing to the Minister,
resigns his or her appointment, the Minister shall, by instrument in writing:

   (a)  where a declaration has not previously been made under this
        paragraph-either appoint a person to take the place of the member or
        declare that the remaining 2 members are thereafter to constitute the
        Commission; or

   (b)  where a declaration has previously been made under paragraph
        (a)-appoint a person to take the place of the member.

(2) Where the Minister makes a declaration in accordance with paragraph (1)
(a), this Act has effect as if subsection 7 (2) required the appointment of
only the remaining 2 members referred to in the declaration.

(3) Where:

   (a)  the Presiding Member dies, becomes physically or mentally incapable of
        performing the functions of a member or, by notice in writing to the
        Minister, resigns his or her appointment; and

   (b)  the Minister makes a declaration under paragraph (1) (a); the Minister
        shall appoint one of the 2 members thereafter constituting the
        Commission to be the Presiding Member.

(4) The exercise of the powers, or the performance of the functions, of the
Commission is not affected by reason only that there is a vacancy in the
membership of the Commission.