Version as at
1 July 2024
Crown Entities Act 2004
Part 2 s 36
or designation, or by any method other than appointment by a Minister or the
Governor-General.
(2)
Section 31(1)(c) does not apply to a member of a statutory entity who is
appointed (whether or not by nomination) by any method other than appoint‐
ment by a Minister or the Governor-General if, under another Act, the member
is required to disclose interests in matters relating to the statutory entity before
being appointed as a member.
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Validity of members’ acts
The acts of a person as a member, chairperson, or deputy chairperson of a
statutory entity are valid even though—
(a)
a defect existed in the appointment of the person; or
(b)
the person is or was disqualified from being a member; or
(c)
the occasion for the person acting, or for his or her appointment, had not
arisen or had ended.
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Validity of appointments
(1)
The appointment of a person as a member, chairperson, or deputy chairperson
of a statutory entity is not invalid only because a defect existed in the appoint‐
ment of the person.
(2)
This section does not apply to—
(a)
a defect in the qualifications for appointment of a member, chairperson,
or deputy chairperson; or
(b)
a member of a statutory entity who is appointed under the entity’s Act by
election.
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Removal of members of Crown agents
(1)
The responsible Minister may, at any time and entirely at his or her discretion,
remove a member of a Crown agent from office.
(2)
The removal must be made by written notice to the member (with a copy to the
entity).
(3)
The notice must state the date on which the removal takes effect, which must
not be earlier than the date on which the notice is received.
(4)
The responsible Minister must notify the removal in the Gazette as soon as
practicable after giving the notice.
(5)
This section does not apply to a member appointed by election under the
entity’s Act.
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