Membership and meetings of Trust
Schedule 3 Membership and meetings of Trust
Section 141(6)
Part 1 Membership of Trust
1. Term of office A person appointed to be a member of the Trust holds office for 3 years.
2. Vacation of office
If the office of an appointed member of the Trust becomes vacant before the end of the member's term of office, the Governor may appoint a person to hold office for the unexpired part of that term.
The performance of a function of the Trust is not affected –
by a vacancy or vacancies in the membership of the Trust; or
by a defect or irregularity in the appointment of a member of the Trust.
3. Reappointment An appointed member of the Trust is eligible for reappointment.
4. Holding other office A person may accept appointment as a member of the Trust 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.
5. State Service Act The State Service Act 2000 does not apply in relation to a member of the Trust in his or her capacity as a member of the Trust.
6. Fees and allowances of Trust members
The Trust is to pay its members such fees, allowances and expenses, and at such rates, as the Governor determines.
Although a person may be a member of the Trust 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 Trust unless the Minister administering the State Service Act 2000 decides otherwise.
7. Removal of Trust member from office The Governor may terminate the appointment of an appointed member of the Trust for inability, inefficiency, misbehaviour or physical or mental incapacity.
8. Vacation of office of Trust members The Governor must terminate the appointment of an appointed member of the Trust if the member –
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration or estate for their benefit; or
is absent, except on leave of absence granted by the Trust, from 3 consecutive meetings of the Trust; or
is convicted of an offence, in Tasmania or elsewhere, of such a nature that, in the opinion of the Governor, it is inappropriate for the member to remain a member of the Trust; or
fails, without reasonable excuse, to comply with an obligation to disclose an interest.
9. Resignation by Trust members An appointed member of the Trust may resign from office by giving the Governor written notice of resignation.
Part 2 Meetings of Trust
1. Convening of meetings The Chair of the Trust –
must convene such meetings of the Trust as the Chair considers necessary for the efficient performance of the functions of the Trust; and
must convene a meeting of the Trust on receipt of a written request to do so signed by at least one other member of the Trust.
2. Presiding at meetings At a meeting of the Trust, the Chair of the Trust, if present, presides, but if the Chair is absent the members present and voting are to elect one of their number to preside, and that person is to exercise the powers and perform the duties of the Chair for that meeting.
3. Quorum and voting at meetings
Two members of the Trust constitute a quorum at a duly convened meeting of the Trust.
At the meeting of the Trust, the member of the Trust presiding only has a deliberative vote so that, if there is an equality of votes on a matter, the matter stands adjourned to the next meeting of the Trust at which all 3 members of the Trust are present, unless a member of the Trust is excluded by virtue of clause 5, when the member presiding has both a deliberative vote and a casting vote.
4. Procedure
The Trust must keep a record of its proceedings.
Except as provided by this Act, the Trust may determine its own procedure.
5. Trust member not to act in certain circumstances
A member of the Trust with a direct or indirect pecuniary interest in a matter being, or about to be, considered by the Trust must, as soon as practicable after the relevant facts are known by the member, disclose the nature of the interest at a meeting of the Trust.
The disclosure must be recorded in the minutes of the meeting of the Trust.
A member of the Trust who has made a disclosure in respect of a matter is not to –
be present during any deliberation of the matter by the Trust; or
take part in any decision of the Trust with respect to the matter.
It is not necessary to disclose an interest in a matter that applies or will apply in respect of property agents or a particular group of property agents generally.
This Act’s bill:Explanatory notesSecond reading speech
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