SCHEDULE 1 - Provisions with respect to membership of Heritage Council

Section 6 (2)

1.    Term of office

(1) A member is to be appointed for a period, not exceeding 3 years, specified in the member's instrument of appointment and, if otherwise qualified, is eligible for reappointment from time to time.

(2) .  .  .  .  .  .  .  .  

(3) .  .  .  .  .  .  .  .  

2.    Holding other office

The holder of an office who is required under any Act to devote the whole of the time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

3.    Remuneration of members

A member is entitled to be paid any remuneration (including travelling and subsistence allowances) the Minister determines.

4.    Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Heritage Council without the permission of the other members of the Heritage Council; or

(b) 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

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or

(d) is convicted of an offence against this Act.

(3) The Minister may remove a member from office if satisfied that the member –

(a) has participated in, or has claimed to be entitled to participate in, the profit of, or any benefit arising from, any contract, agreement or arrangement made by or on behalf of the Heritage Council, other than a contract, agreement or arrangement for a service ordinarily supplied by the Heritage Council on the same terms as that service is supplied to other persons in the same situation; or

(b) has voted at any meeting of the Heritage Council in respect of any matter in which that member was at that time interested, otherwise than as –

(i) a member of the public; or

(ii) an elector of, or ratepayer to, any municipality; or

(iii) a shareholder in a company in which there were at that time more than 20 members and of which that member was not at that time a director or officer; or

(c) is unable to perform adequately or competently the functions of office.

(4) If the Minister removes a member from office, the Minister may appoint a suitable person as a member for the remainder of that member's term of office.

5.    Filling of vacancies

If the office of a member becomes vacant, the Minister may appoint a suitable person to the vacant office for the remainder of that member's term of office.