Victorian Numbered Acts

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ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 80

Substitution of section 137 and new section 137A inserted

For section 137 of the Aboriginal Heritage Act 2006 substitute

        "     137     Alternate members

    (1)     The Minister may appoint an alternate member for each member of the Council.

    (2)     The Minister must consult with the Council before appointing an alternate member under subsection (1).

    (3)     An alternate member must be appointed in the same manner as the member for whom the alternate member is appointed.

    (4)     An alternate member may act in place of the member for whom the alternate member is appointed if—

        (a)     the member is absent or unable to perform the duties of the member's office; or

        (b)     the member and the alternate member agree that the alternate member is to act in the member's place; or

        (c)     the member's position is vacant.

    (5)     If subsection (4)(c) applies, the alternate member must not act in that position for longer than 6 months.

    (6)     An alternate member has all the functions of the member when acting in the place of that member.

        137A     Terms and conditions for alternate members

    (1)     An alternate member holds office for the term specified in the alternate member's instrument of appointment, being a period of not more than 3 years.

    (2)     An alternate member may resign from office by writing signed by the alternate member and addressed to the Minister.

    (3)     The Minister may at any time remove an alternate member of the Council from office and appoint another person in the alternate member's place.

    (4)     An alternate member, other than an alternate member who is a person employed under Part 3 of the Public Administration Act 2004 , is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of that alternate member.".



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