AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 38

PART VI - Miscellaneous Appointment of officers for purposes of Act

(1)  The Authority may appoint any person employed by the Forestry corporation, any person employed by a body corporate which has an involvement in forest practices in Tasmania, or any person whom it regards as being suitably qualified, to be an officer for the purposes of this Act.
(2)  Notwithstanding subsection (1) , a body corporate that is required by section 27 (1) to lodge a three-year plan with the Authority is, while it is operating under a three-year plan, entitled to have at least one suitably qualified person nominated by it appointed by the Authority to be an officer for the purposes of this Act.
(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 Forest Management Act 2013 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.
(3)  A person appointed under this section may hold office as an officer for the purposes of this Act in conjunction with any other office or appointment held by that person.
(4)  A person appointed under this section shall perform such functions as may be specified in the instrument of his or her appointment and such other functions as the Authority may from time to time determine.
(5)  A person appointed under this section is not, by virtue of his or her appointment for the purposes of this Act, subject to the State Service Act 2000 .
(6)  .  .  .  .  .  .  .  .  
(7)  .  .  .  .  .  .  .  .  



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