Section 38 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "Board" and substituting "Authority" ;

(b) by omitting from subsection (2) "Board" twice occurring and substituting "Authority" ;

(c) by inserting the following subsections after subsection (2) :

(2A)  However, the Authority may refuse to appoint a person nominated under subsection (2) as an officer for the purposes of this Act if the Authority, on reasonable grounds, is not satisfied that the nominee is a fit and proper person to be so appointed.

(2B)  The matters that the Authority may have regard to for the purposes of subsection (2A) include the following:

(a) whether the nominee has been convicted of an offence against the Forestry Act 1920 or this Act;

(b) whether the nominee has been convicted, in Tasmania or elsewhere, of an offence involving dishonesty;

(c) whether the nominee is physically and mentally capable of performing the functions of an officer.

(2C)  If subsection (2A) applies, the Authority is to request, and the body corporate concerned is to make, a fresh nomination.

(d) by omitting from subsection (4) "his" and substituting "his or her" ;

(e) by omitting from subsection (4) "Board" and substituting "Authority" ;

(f) by omitting from subsection (5) "his" and substituting "his or her" .