Tourism Tasmania Act 1996

Section 8(5)

1. Interpretation In this Schedule, director –

includes director and acting director; but

does not include chief executive officer or acting chief executive officer.

2. Term of office

A director holds office for such term, not exceeding 3 years, as is specified in the instrument of appointment.

3. Conditions of appointment

A director is entitled to be paid the remuneration and allowances determined by the Governor from time to time.

A director holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.

4. Devotion of whole time to duties

Where the holder of an office under an Act is required, by or under any Act, to devote the whole of his or her time to the duties of that office, that requirement does not operate to disqualify the holder from holding that office in conjunction with the office of director.

A director may hold the office of director in conjunction with State Service employment.

5. State Service Act 2000 inapplicable The State Service Act 2000 does not apply in relation to a director.

6. Leave of absence The Board may grant leave of absence to a director on such conditions as the Board considers appropriate.

7. Resignation A director may resign by signed notice given to the Minister.

8. Removal of director or acting director

The Minister may recommend to the Governor that a director be removed from office –

if the director has benefited from, or claimed to be entitled to benefit from, a contract made by or on behalf of the Authority, other than a contract for a good or service supplied by the Authority if that good or service is ordinarily supplied by the Authority and is supplied on the same terms as it is ordinarily supplied to other persons in the same situation; or

if the director fails to disclose a pecuniary interest as required under clause 7 of Schedule 2; or

if the director has been convicted of an offence under this Act; or

if the director has been convicted of an indictable offence or an offence which, if committed in Tasmania, would be an indictable offence; or

if the Minister considers that the director is physically or mentally incapable of continuing as a director; or

if the Minister considers that the director is unable to perform adequately or competently the functions of the director's office; or

if the director has been absent from 4 consecutive meetings of the Board without the permission of the Board; or

for any other just cause or excuse.

The Governor may remove a director from office on the recommendation of the Minister under subclause (1).

The Minister may remove an acting director from office for a reason specified in subclause (1).

The Governor, on the recommendation of the Minister, may remove all directors (not including acting directors) from office if the Governor is satisfied that the Authority has wilfully disregarded its ministerial charter.

9. Filling of vacancy

In this clause, director does not include acting director.

A director vacates office if he or she –

dies; or

resigns; or

is removed from office under clause 8.

The Minister may appoint a person to a vacant office of director for the remainder of the predecessor's term of office if –

in the case of a vacancy in the office of the director appointed under section 8(1)(c), the person has been nominated in accordance with section 8; or

in the case of a vacancy in the office of the chairperson or a director appointed under section 8(1)(d) or (e), the Minister is satisfied that the person has the skills and experience necessary to enable the Authority to achieve its objective.

10. Defect does not invalidate appointment An appointment of a person as a director is not invalid merely because of a defect or irregularity in relation to the appointment.