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CEMETERIES AND CREMATORIA ACT 2013 - SCHEDULE 2

SCHEDULE 2 – Special provisions for Crown cemetery operators that are statutory land managers

(Section 74)

Part 1 - Preliminary

1 Application of Schedule

This Schedule applies in relation to a Crown cemetery operator (a
"statutory operator" ) if it is a statutory land manager with a board.

Note : The provisions of this Schedule prevail to the extent of any inconsistency with the Crown Land Management Act 2016 . See section 5 of this Act.

2 Definitions

In this Schedule--

"board member" means a member of a statutory operator board.

"statutory operator" --see clause 1.

"statutory operator board" means the board of a statutory operator.

Part 2 - Members

3 Acknowledgment of duties and liabilities for effective appointment

The appointment of a person as a board member is ineffective unless the person has acknowledged the duties and liabilities imposed on the person as such a member by signing the instrument appointing the person as a board member.

4 Ex officio members

(1) Application This clause applies to a board member who is appointed as a board member by reference to an office the person holds (an
"ex officio member" ).
Note : Board members are appointed under clause 4 of Schedule 5 to the Crown Land Management Act 2016 . Members can be appointed under that clause by reference to the offices they hold (that is, ex officio members) because of section 49 of the Interpretation Act 1987 .
(2) Nominees may act for ex officio members An ex officio member may, with the approval of the Minister, appoint a nominee.
(3) The nominee may attend a meeting of the members in the place of the ex officio member.
(4) For the purposes of the meeting the nominee is taken to be the ex officio member.
(5) Vacation of office Without limiting clause 13 of Schedule 5 to the Crown Land Management Act 2016 , a person who is an ex officio member vacates office as an ex officio member when the person ceases to hold the ex officio office concerned.
(6) However, if the person is an ex officio member because the person holds a local government office and the person ceases to hold the local government office, the person continues as a member until--
(a) one month has elapsed, or
(b) the local government office is filled,
whichever first occurs.
(7) Subclause (6) does not apply if the member ceased to hold office--
(a) in circumstances giving rise to a vacancy in civic office under section 234 of the Local Government Act 1993 , or
(b) because of a declaration under section 255 of that Act.
(8) Definition In this clause--

"local government office" means the office of a councillor (including a mayor) under the Local Government Act 1993 .

Part 3 - Administration

5 Officers and employees

(1) A statutory operator board may appoint and employ a chief executive officer, chief financial officer, rangers and such other officers and employees as may be necessary for the efficient operation of the statutory operator.
(2) One person may be appointed to the positions of chief executive officer and chief financial officer of the statutory operator.
(3) A board member may be appointed and employed under this clause but only with the approval of the Minister.

6 Duties of chief executive officer and chief financial officer

(1) The chief executive officer is--
(a) to keep and maintain minutes of each meeting of the statutory operator board, and
(b) to keep and maintain the book (disclosure of material personal interests of operator members) required by section 87 (3), and
(c) to perform other duties as directed by the statutory operator board.
(2) The chief financial officer is--
(a) to be responsible to the statutory operator board for the keeping and maintaining of proper financial records, and
(b) to keep and maintain the records required to be kept by the statutory operator board for the purposes of section 3.13 of the Crown Land Management Act 2016 and section 42 of this Act.

7 Receipts and disbursements

(1) All money received by the statutory operator board is to be deposited to the credit of an account established with any authorised deposit-taking institution in the name of the statutory operator.
(2) Each item of expenditure by or on behalf of the statutory operator board is to be authorised or confirmed for payment, at a duly convened and constituted meeting of the statutory operator board, by tabling and approval of a report by the chief financial officer relating to that item of expenditure.

Part 4 - Miscellaneous

8 Regulations

The regulations may make further provision for or with respect to the functions of statutory operator boards, board members, chief executive officers, chief financial officers, rangers and other officers or employees in connection with the administration, management or operation of statutory operators or their operator boards.



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