Victorian Numbered Acts

ABORIGINAL LANDS AMENDMENT ACT 2013 (NO. 33 OF 2013) - SECT 29

After section 23L of the Principal Act insert —

" Appointment of board to act as Administrator

        23M     Constitution of board

    (1)     A board of persons appointed to act as Administrator under section 23B must consist of up to 7 persons of whom—

        (a)     at least 3 have skills and experience relevant to the functions of an Administrator;

        (b)     at least 3 are appointed after consulting, in the manner determined by the Minister, the residents of—

              (i)     in the case of an Administrator to the Framlingham Trust, the Framlingham reserve; or

              (ii)     in the case of an Administrator to the Lake Tyers Trust, the Lake Tyers reserve.

    (2)     If a member of a board dies, resigns or is removed under section 23Q(2), the Minister may appoint a new member to a board who is of the same category of member under subsection (1) as the category of member that the new member is replacing.

        23N     Chairperson

s. 29

    (1)     The Minister must appoint a member of a board as chairperson of the board.

    (2)     A member appointed as chairperson must be a member appointed in accordance with section 23M(1)(a).

    (3)     The chairperson or, if the chairperson is absent, a person nominated by the chairperson, must preside at a meeting of the board.

        23O     Meetings of a board

    (1)     The quorum for a meeting of a board is 3 members of the board, of which there must be—

        (a)     at least one member appointed in accordance with section 23M(1)(a); and

        (b)     at least one member appointed in accordance with section 23M(1)(b).

    (2)     A decision of the board is a decision of the majority of members of the board present at a meeting and voting, and, if there is no majority, the chairperson of the board or the person nominated by the chairperson of the board to preside in the chairperson's absence has a second or casting vote.

        23P     Procedures of a board

    (1)     Subject to this Act and the rules of the board, a board may regulate its own procedures.

    (2)     A board must make rules to regulate its procedures, including rules establishing—

        (a)     a code of conduct for members of the board; and

        (b)     procedures for managing conflicts of interest.

    (3)     The rules do not take effect until approved by the Secretary to the Department.

    (4)     A failure to comply with the rules referred to in subsection (2)(a) or (b) is evidence of improper conduct for the purposes of section 23Q(2)(a).

    (5)     The Secretary to the Department may, by instrument, delegate a function under this section other than this power of delegation.

        23Q     Resignation or removal of member of board from office

s. 29

    (1)     A member of a board may resign from office by giving notice in writing to the Minister.

    (2)     The Minister may remove a member of a board from office if—

        (a)     there is evidence that the member has engaged in improper conduct; or

        (b)     the member has failed to attend 3 or more meetings without reasonable excuse; or

        (c)     the member has otherwise failed to meet his or her obligations as member of a board without reasonable excuse.

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

        23R     Abolition of board

The Minister may abolish a board and remove all of its members from office if—

        (a)     there is evidence that the board has engaged in improper conduct; or

        (b)     the board has failed to meet its obligations under this Act without reasonable excuse.".