Provisions with Respect to Members and Meetings of Advisory Committee
Schedule 2 Provisions with Respect to Members and Meetings of Advisory Committee
Section 55
Part 1 Preliminary
1. Interpretation In this Schedule –
member means a member of the Advisory Committee or the deputy of a member;
State servant means a State Service officer or State Service employee.
member means a member of the Advisory Committee or the deputy of a member;
member
State servant means a State Service officer or State Service employee.
State servant
Part 2 Members
1. Holding other office The holder of an office who is required under any Act to devote the whole of the holder’s 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.
2. State servants may be members
The State Service Act 2000 does not apply in relation to members in their capacity as members.
A State servant may hold the office of a member in conjunction with State Service employment.
3. Remuneration and allowances
A member is entitled to be paid such remuneration and allowances as the Minister determines.
A member who is a State servant is not entitled to receive remuneration or allowances under this clause, except with the approval of the Minister administering the State Service Act 2000.
4. Change of name, &c.
If a body referred to in section 55(2) changes its name, the Governor may, by order, amend that subsection by substituting the body's new name.
If a body referred to in section 55(2) ceases to exist, the Governor, on the recommendation of the Advisory Committee, may, by order, amend that subsection by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body.
5. Vacation of office
A member vacates office if the member–
dies; or
resigns; or
is removed from office under subclause (2), (3) or (4).
The Minister may remove a member from office if the member –
is absent from 2 consecutive meetings of the Advisory Committee without the permission of the other members; 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 a term of 12 months or longer; or
is convicted of an offence against this Act or another Act that relates to integrity in racing or animal welfare.
The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.
The Minister may remove a member from office if –
satisfied, having regard to the information supplied by the body which nominated that member, that the member is no longer qualified to be a member of the Advisory Committee; or
that body recommends the removal of that member.
The appointment of any deputy of a member terminates if that member is removed from office pursuant to subclause (4).
Part 3 Meetings
1. Procedure at meetings of Advisory Committee
The quorum at any duly convened meeting of the Advisory Committee is half the number of the total members plus one member.
Any duly convened meeting of the Advisory Committee at which a quorum is present is competent to transact any business of the Advisory Committee.
Questions arising at a meeting of the Advisory Committee are to be determined by a majority of votes of the members present and voting.
The chairperson or other member presiding at a meeting of the Advisory Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
2. Chairperson 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.
3. Minutes The Advisory Committee is to cause full and accurate minutes to be kept of its proceedings at meetings and must submit to the Commissioner a copy of the minutes of each meeting within 30 days after the date on which the meeting is held.
4. Conduct of meetings Subject to this Act, the Advisory Committee may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
5. Expert Advice Subject to this Act, the Advisory Committee may –
advise itself on any relevant matter in any way it thinks fit; and
seek expert advice from any person or body that is relevant to the matter to which the advice relates.
This Act’s bill:Explanatory notes
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