Property Agents and Land Transactions Act 2016

A member may be appointed for a term not exceeding 3 years, which is to be specified in the member’s instrument of appointment and, if eligible, may be reappointed.

A person may accept appointment as a member of the Board and any remuneration payable to a member despite the fact that the person is the holder of an office under an Act that requires the holder of the office to devote the whole of his or her time to the duties of the office.

The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member of the Board.

A member of the Board is to receive remuneration and allowances determined by the Minister, which are to be specified in the member’s instrument of appointment.

Although a person may be a member of the Board in conjunction with State Service employment, a member who is a State Service officer or State Service employee is not entitled to any remuneration or allowances as a member of the Board unless the Minister administering the State Service Act 2000 decides otherwise.

A person ceases to be a member of the Board if the person –

dies; or

resigns by written notice given to the Minister; or

is removed from office under subclause (3) or (4); or

ceases to possess any qualification the member was required to possess to be appointed a member of the Board.

A person ceases to be a member of the Board if the person's term of appointment ends and the person is not reappointed.

The Governor may terminate the appointment of a person as a member of the Board if the member –

is absent from 3 consecutive meetings of the Board without the Board's approval; or

becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration or estate for their benefit; or

is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term exceeding 12 months; or

fails, without reasonable excuse, to comply with the member’s obligation under this Act to disclose an interest; or

is convicted of an offence against this Act.

The Governor may also terminate the appointment of a person as a member of the Board if the Governor is satisfied that the member is unable to perform, or is not performing adequately or competently, the duties of a member of the Board.

Anything done by the Board or by a person acting on the direction of the Board is not invalid despite the fact that at the time it was done the Board had fewer than 5 members.

Anything done by the Board or by a person acting on the direction of the Board is not invalid despite the fact that it is later discovered –

that at the time the action was taken there was a defect in the appointment of a member; or

that a member did not possess or had ceased to possess the qualifications required to be appointed to be a member of the Board.

The Chair of the Board may convene a meeting of the Board at any time and is to do so if so requested by at least 2 other members of the Board.

The Chair convenes a meeting of the Board by giving reasonable notice of the time and place of the meeting to the other members of the Board.

If at any time there is no Chair of the Board or if the Chair is unable to perform the duties of Chair, a meeting of the Board may be convened by 2 or more members of the Board giving reasonable notice of the time and place of the meeting to the other members of the Board.

The Chair of the Board is to preside at meetings of the Board at which the Chair is present.

If at the time of a meeting of the Board there is no Chair of the Board or if the Chair is not present, the members present are to elect one of their number to preside.

A meeting of the Board has a quorum if 3 or more members are present and if one of them is a property agent and another member is not a property agent.

Such a meeting of the Board may transact any business of the Board.

A question at a meeting of the Board is to be decided by a majority of votes of the members present and voting, with the member presiding having only a deliberative vote.

On an equality of votes on a question, the question stands adjourned until the next meeting of the Board unless sooner withdrawn by the member who moved the question.

The Board is to keep accurate minutes of its meetings.

Subject to this Act, the Board may regulate the conduct of its business as it thinks fit.

The Board may, in particular, allow a member to participate in a meeting of the Board by telephone, by video conferencing or by any other means approved by the Board, and, in such a case, determine that the member is present at the meeting for the purpose of this Part.

A meeting of the Board is not to be open to the public, but the Board may allow a person to attend a meeting if it is satisfied that it is appropriate to do so.

The Board is to determine the way in which its decisions are to be published.

It may determine that all or any part of a decision is not to be published where to do so might reveal –

privileged information or information communicated to the Board in confidence; or

information that concerns a person's personal affairs, finances or business arrangements.

This section applies to a member of the Board who has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member’s functions in relation to a matter being considered, or about to be considered, by the Board.

The member must, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to the Board.

Except with the approval of the Board, the member must not –

be present during any deliberation of the Board in relation to the matter; or

take part in a decision of the Board in respect of the matter.

The member must not be present when the Board is considering whether to give its approval under subclause (3).

An action does not lie against a member, employee or agent of the Board or against a member of a committee established by the Board for an act or omission by the member, employee or agent, or by the Board or a committee, in good faith and in the performance or purported performance of a function under this Act.

A person who, in good faith, makes a complaint under Part 7 does not incur personal liability for loss, damage or injury that another person suffers as a result of the complaint being made.