Gambling Regulation Act 2024
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Removal of member of relevant office | ||
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61. (1) The Minister may remove a member of a relevant office if, in the opinion of the Minister, the member has— | ||
(a) without reasonable excuse, failed to discharge the functions of the office, | ||
(b) become incapable through ill-health of effectively performing the functions of the office, | ||
(c) committed stated misbehaviour (other than misbehaviour which is the basis for a conviction referred to in section 59 as a result of which the member is required to cease to hold office in accordance with that provision), | ||
(d) a conflict of interest of such significance that, in the opinion of the Minister, the person should cease to hold the office, or | ||
(e) the member’s removal appears to be necessary for the effective performance of the functions of the relevant office. | ||
(2) Where the Minister proposes to remove a member pursuant to subsection (1), he or she shall notify the member in writing of that proposal. | ||
(3) A notification under subsection (2) shall include a statement— | ||
(a) of the reasons for the proposed removal, | ||
(b) that the member concerned may, within 30 days of the sending of the notification or such other period as the Minister, having regard to the requirements of natural justice, may specify, make representations in such manner as may be specified in the notice to the Minister as to why the member should not be removed from office, and | ||
(c) that, where no representations are received within the period specified under paragraph (b), the Minister will, without further notice, proceed with the removal of the member from office in accordance with this section. | ||
(4) In considering whether to remove a member from office, the Minister shall take into account— | ||
(a) any representations made pursuant to subsection (3)(b), and | ||
(b) any other matter that the Minister considers relevant for the purpose of his or her decision. | ||
(5) Where, having taken into account the matters referred to in subsection (4), the Minister decides to remove the member from office, he or she shall notify the member in writing of his or her decision and of the reasons for it. |