Provisions with respect to membership and meetings of advisory committee
Schedule 1 Provisions with respect to membership and meetings of advisory committee
Section 37(4)
1. Interpretation In this Schedule, member means a member of the Advisory Committee.
member means a member of the Advisory Committee.
member
2. Term of office A member is to be appointed for a period, not exceeding 3 years, specified in the member's instrument of appointment.
3. Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –
holding that office and also the office of a member; or
accepting any remuneration payable to a member.
4. Remuneration of members A member is entitled to be paid any remuneration and travelling and subsistence allowances the Minister determines.
5. Vacation of office
A member vacates office if the member –
dies; or
resigns; or
is removed from office under subclause (2) or (3).
The Minister may remove a member from office if the member –
is absent from 3 consecutive meetings of the Advisory Committee without the permission of the Advisory Committee; or
becomes bankrupt, applies to take the benefit of any 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 12 months or longer; or
is convicted of an offence against this Act.
The Minister may remove a member from office if satisfied that the member –
is unable to perform adequately or competently the duties of office; or
is no longer qualified to be a member.
6. Filling of vacancies
If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.
If a member is unable for any reason to perform the duties of office, the Minister may appoint a suitable person to act in the office of that member for any period the Minister determines.
7. Presumptions In any proceedings by or against the Advisory Committee, unless evidence is given to the contrary, proof is not required of –
the constitution of the Advisory Committee; or
any resolution of the Advisory Committee; or
the appointment of any member; or
the presence of a quorum at any meeting of the Advisory Committee.
8. Convening of meetings
A meeting of the Advisory Committee may be convened by the chairperson or by any 2 members.
A notice of any meeting is to be given to the Director at least 2 days before it is to be held.
9. Procedure at meetings
The quorum at any duly convened meeting of the Advisory Committee is 4 members.
Any duly convened meeting of the Advisory Committee at which a quorum is present is competent to transact any business of the Advisory Committee.
A question arising at a meeting of the Advisory Committee is to be determined by a majority of votes of the members present and voting.
The Advisory Committee may permit members to participate in a meeting by –
telephone; or
television conference; or
any other means of communication it approves.
10. Chairperson
The chairperson of the Advisory Committee is to preside at the meetings of the Advisory Committee.
If the chairperson of the Advisory Committee is not present at a meeting of the Advisory Committee, a member elected by the members present is to preside at that meeting.
11. Attendance of Director
The Director or a person authorised by the Director may attend any meeting of the Advisory Committee.
The Director or authorised person does not have any voting rights at any meeting of the Advisory Committee.
The presence of the Director or authorised person at a meeting of the Advisory Committee does not affect the quorum required for the meeting.
12. Disclosure of interest
A member must not participate at any meeting of the Advisory Committee in any discussion relating to a matter in respect of which the member has an interest.
A member is to disclose any interest in a matter before any discussion on that matter commences.
On disclosing an interest, the member is to leave the meeting.
The Advisory Committee may allow a member to remain at a meeting if –
the member is required to make up a quorum; or
it considers that the interest is too remote to influence the discussion or vote at the meeting.
13. General procedure Subject to this Schedule, the procedures for the calling of, and for the conduct of business at, meetings of the Advisory Committee are –
as determined by the Minister; or
if there are no determinations by the Minister, as determined by the Advisory Committee.
14. Validity of proceedings
An act or proceeding of the Advisory Committee is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Advisory Committee.
An act or proceeding of the Advisory Committee is valid even if –
the appointment of a member of the Advisory Committee was defective; or
a person appointed as a member of the Advisory Committee was disqualified from acting as, or incapable of being, such a member.
This Act’s bill:Explanatory notesSecond reading speech
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