AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY TRAINING FUND AMENDMENT ACT 2004 (NO. 54 OF 2004) - SECT 32

Schedule 4 amended (Membership of the Board)

Schedule 4 to the Principal Act is amended as follows:
(a) by omitting from clause 1 "Board, other than a member referred to in section 5 (1) (a) , (b) or (c) , shall be" and substituting "Board is" ;
(b) by omitting clause 3 ;
(c) by omitting clauses 5 and 6 and substituting the following clauses:
5.    Acting members
(1) If a member of the Board is absent from, or is unable to perform the functions of, the office of member, the Minister may appoint another person to act in the place of that member on the Board.
(2) An appointment under subclause (1)  –
(a) may be revoked at any time by the Minister; and
(b) is revoked by the return to office of the member represented by the acting member; and
(c) is revoked once the member represented by the acting member is able to perform the functions of the office of member again.
(3) If a person is appointed to act as a member of the Board that person is taken to be a member of the Board.
6.    Remuneration and conditions of appointment
(1) A member of the Board is entitled to be paid such remuneration and allowances as the Minister determines.
(2) A member of the Board who is a State Service employee or a State Service officer is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .
(3) A member of the Board holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.
6A.    Vacation of office
(1) A member of the Board vacates office if he or she –
(a) dies; or
(b) resigns by written notice given to the Minister and the Minister accepts the resignation; or
(c) is removed from office under subclause (2) or (3) .
(2) The Minister may remove a member of the Board from office if the member –
(a) is absent from 3 consecutive meetings of the Board without the permission of the other members of the Board unless the member –
(i) is on leave granted by the Minister; or
(ii) is excused by the Minister for the member's absence from those meetings within 3 weeks after the last of those meetings; 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) has benefited from, or has claimed to be entitled to benefit from, the profit of, or any benefit arising from, any contract, agreement or arrangement made by or on behalf of the Board, other than a contract, agreement or arrangement for a service ordinarily supplied by the Board on the same terms as that service is supplied to other persons in the same situation; or
(e) fails to disclose an interest as required under clause 3 of Schedule 5 except where the member's interest is 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 the member was not at that time a director or officer.
(3) The Minister may remove a member of the Board from office if satisfied that the member is unable to perform adequately or competently the duties of office.
(4) A member of the Board must not be removed from office otherwise than in accordance with this clause.
(d) by omitting from clause 7 "Governor" and substituting "Minister" .



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