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WATER AMENDMENT (GOVERNANCE AND OTHER REFORMS) ACT 2012 (NO. 17 OF 2012) - SECT 12

Section 101 substituted

For section 101 of the Water Act 1989 substitute

        "     101     Removal from office of member of the board of directors

    (1)     In the case of Melbourne Water Corporation and each metropolitan water corporation, the Minister in consultation with the Treasurer may at any time remove a person from the office of member of the board of directors of the water corporation (other than the managing director).

    (2)     In the case of each non-metropolitan water corporation, the Minister may at any time remove a person from the office of member of the board of directors of the water corporation (other than the managing director).

    (3)     In the case of Melbourne Water Corporation and each metropolitan water corporation, the Minister in consultation with the Treasurer, must remove a person from the office of member of the board of directors (other than the managing director) if the member—

        (a)     is found guilty of such an offence that the Minister in consultation with the Treasurer, is satisfied may affect the member's ability to carry out the duties of his or her office as member; or

        (b)     fails without reasonable cause to disclose any interest under section 109.

    (4)     In the case of each non-metropolitan water corporation, the Minister must remove a person from the office of member of the board of directors (other than the managing director) if the member—

        (a)     is found guilty of such an offence that the Minister is satisfied may affect the member's ability to carry out the duties of his or her office as member; or

        (b)     fails without reasonable cause to disclose any interest under section 109.".



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