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FOREST PRACTICES ACT 1985 - SCHEDULE 2

- Provisions with Respect to Membership of Forest Practices Tribunal

SCHEDULE 2 - Provisions with Respect to Membership of Forest Practices Tribunal

Section 34(12)

1. Terms of office

      (1) A member shall be appointed for such term, not exceeding 3 years, as is specified in the member's instrument of appointment.

      (2) A member shall be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the member's instrument of re-appointment.

2. Provisions relating to members

      (1) Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of his or her office, that provision does not operate to disqualify him or her from holding that office and also the office as a member of the Tribunal or from accepting and retaining any remuneration payable to a member under this Act.

      (2) The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.

3.  State Service Act 2000 not to apply

The provisions of the State Service Act 2000 shall not apply to or in respect of the appointment of a member and a member shall not, in his or her capacity as such a member, be subject to the provisions of that Act during his or her term of office.

4. Vacation of office

      (1) The office of a member becomes vacant –

(a) when he or she dies;

(b) if he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration or estate for their benefit;

(c) .  .  .  .  .  .  .  .  

(d) if he or she is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he or she is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he or she has been sentenced to imprisonment;

(e) if he or she is convicted of an offence against this Act;

(f) if he or she resigns from office by writing under his or her hand addressed to the Governor and the Governor accepts the resignation; or

(g) if he or she is removed from office by the Governor under subclause (2).

      (2) The Governor may remove amember from office for misbehaviour or incompetence.

5. Filling of casual vacancies

On the occurrence of a vacancy in the office of a member, the Governor may appoint a person to the vacant office for the balance of his or her predecessor's term of office.



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