Sections 17 and 23(6)

1.    Interpretation

In this Schedule –

administering body means a Council or the TRAB;

member means a member of an administering body;

relevant authority means –

(a) for a Council, the Minister; and

(b) for the TRAB, the Governor;

State servant means a State Service officer or State Service employee.

2.    Holding other office

The holder of an office who is required by the terms of his or her employment to devote the whole of his or her 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.    State servants may be members

(1) The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.

(2) A State servant may hold the office of a member in conjunction with State Service employment.

4.    Remuneration of members and conditions of appointment

(1) A member is entitled to be paid such remuneration and allowances as the relevant authority may from time to time determine.

(2) In the case of a Council, any such remuneration or allowance is to be paid from the funds of that Council.

(3) A member who is a State servant is not entitled to receive remuneration or allowances under this clause, except with the approval of the Minister administering the State Service Act 2000 .

(4) An appointed member 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.

5.    Vacation of office

(1) A member vacates office if he or she –

(a) dies before the end of the term for which he or she has been appointed or elected; or

(b) resigns by notice given to the relevant authority; or

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

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

(a) is absent from 3 consecutive meetings of the administering body without the permission of the other members of that body; 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) under this Act, ceases to be eligible to hold the office; or

(d) fails to disclose a personal interest as required by clause 6(1) ; or

(e) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 12 or more months or by a fine of 300 or more penalty units; or

(f) is convicted of an offence against this Act, the Racing (Totalizator Betting) Act 1952 or the Gaming Control Act 1993 .

(3) The relevant authority may remove a member from office if satisfied that the member is unable to perform the duties of the office adequately or competently.

(4) A member must not be removed from office otherwise than in accordance with this clause.

6.    Disclosure of interest

(1) A member of an administering body who has a direct or indirect interest in a matter being considered, or about to be considered, by the administering body must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest at a meeting of the administering body.

Penalty:  Fine not exceeding 50 penalty units or a term of imprisonment not exceeding 3 months, or both.

(2) A disclosure made by a member under subclause (1) is to be recorded in the minutes and the member must not, unless the administering body exclusive of that member determines otherwise –

(a) be present during any deliberations of the administering body in relation to the matter; or

(b) take part in any decision of the administering body in relation to the matter.

7.    Filling of vacancies

(1) If the office of an appointed member of a Council becomes vacant, otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to the vacant office for the remainder of the member’s term of office.

(2) A person who is appointed as a member of a Council under subclause (1) may nominate another person to act as his or her proxy.

(3) If the office of a member of the TRAB becomes vacant, otherwise than by the expiration of the term for which the member was appointed, the Governor may appoint a person to the vacant office for the remainder of the member’s term of office.

8.    Proxies

(1) The nomination of a proxy for a member of a Council is to –

(a) be in writing; and

(b) state whether the proxy is to vote at his or her discretion or at the direction of the nominator; and

(c) be given to the chairperson of the Council or, if the nomination is of a proxy for the chairperson, to the deputy chairperson.

(2) A member of a Council is not capable of acting as proxy for more than 2 other members.

9.    Validity of proceedings, &c.

(1) An act or proceeding of an administering body or of a person acting under a direction of an administering body is not invalidated by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the administering body.

(2) All acts and proceedings of an administering body or of a person acting under a direction of an administering body are, despite the subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the administering body had been fully constituted.

10.    Presumptions

In any proceedings by or against an administering body, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the administering body; or

(b) any resolution of the administering body; or

(c) the appointment or election of any member of the administering body; or

(d) the presence of a quorum at any meeting of the administering body; or

(e) the nomination of any proxy.