1Short title
This Act may be cited as the Australian Heritage Council Act 2003.
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Bill homepage (APH)This Act may be cited as the Australian Heritage Council Act 2003.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 23 September 2003 |
2. Sections 3 to 25 | At the same time as Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2003 commences | 1 January 2004 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
In this Act, unless the contrary intention appears:
associate member means a person holding an appointment under subsection 7(4).
Chair means the Chair of the Council.
Council means the Australian Heritage Council established under section 4.
meet the registration criterion has the meaning given by subsection 22(2).
member includes the Chair and an associate member.
Except where the contrary intention appears, other expressions used in this Act have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
The Australian Heritage Council is established by this section.
These are the functions of the Council:
to make assessments under Divisions 1A and 3A of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999;
to advise the Minister on conserving and protecting places included, or being considered for inclusion, in the National Heritage List or Commonwealth Heritage List;
to nominate places for inclusion in the National Heritage List or Commonwealth Heritage List;
(ca) to advise the Minister, in accordance with section 390P of the Environment Protection and Biodiversity Conservation Act 1999, in relation to the inclusion of places in, and the removal of places from, the List of Overseas Places of Historic Significance to Australia;
to advise the Minister on:
promotional, research, training or educational activities relating to heritage; and
national policies relating to heritage; and
grants or other financial assistance relating to heritage; and
the monitoring of the condition of places included in the National Heritage List or Commonwealth Heritage List; and
the Commonwealth’s responsibilities for underwater cultural heritage; and
other matters relating to heritage;
to promote the identification, assessment, conservation and monitoring of heritage;
to organise and engage in research and investigations necessary for the performance of its functions;
to provide advice directly to any person or body or agency either of its own initiative or at the request of the Minister;
to prepare reports in accordance with Part 5A;
to perform any other functions conferred on the Council by the Environment Protection and Biodiversity Conservation Act 1999.
The Council consists of:
the Chair; and
6 members other than the Chair and associate members; and
each associate member (if any) who has been appointed.
The members of the Council are to be appointed by the Minister by written instrument.
The Minister must appoint the Chair. The Chair must have substantial experience or expertise concerning heritage.
In appointing the members other than the Chair and associate members, the Minister must ensure that:
2 of them have substantial experience or expertise concerning natural heritage; and
2 of them have substantial experience or expertise concerning historic heritage; and
2 of them are indigenous persons with substantial experience or expertise concerning indigenous heritage, at least one of whom represents the interests of indigenous people.
The Minister may appoint as an associate member a person who has substantial experience or expertise described in paragraph (3)(a), (b) or (c). The Minister may not appoint more than 2 persons to be associate members at one time.
The Minister may not appoint as the Chair or as a member, other than as an associate member, an employee of the Department administered by the Minister.
A member is to be appointed on a part‑time basis.
A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years, or 1 year for an appointment of an associate member.
A member cannot be appointed for more than 2 consecutive periods.
The Minister may appoint a member, other than an associate member, to act as the Chair:
during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
during any period, or during all periods, when the Chair is absent from duty or from Australia, or is for any reason unable to perform the duties of the office.
Section 33A of the Acts Interpretation Act 1901 has provisions relating to acting appointments.
A member must not engage in any paid employment, or any other activity, that the Minister is satisfied conflicts or may conflict with the proper performance of the member’s duties.
For the purposes of section 10, membership of an organisation with similar goals and interests to those of the Council shall not be taken to conflict with the proper performance of a member’s duties.
A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
A member is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
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