AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SCHEDULE 3

- Provisions with Respect to Directors of Board

SCHEDULE 3 - Provisions with Respect to Directors of Board

Section 4A(3)

1. Interpretation

In this Schedule –

appointed director means a director of the Board other than the chief forest practices officer;
director means a director of the Board and includes the chairperson.

1A. Term of appointment

An appointed director is to be appointed for such term, not exceeding 3 years, as is specified in the director's instrument of appointment and, if otherwise qualified, is eligible for reappointment.

2. Holding other office

The holder of an office who is required under any Act 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 director; or

(b) accepting any remuneration payable to a director.

2A. Termination of appointment

The Minister may terminate the appointment of an appointed director if the director –

(a) is absent from 4 consecutive meetings of the Board without the permission of the Board; or

(b) becomes mentally or physically incapable of performing the duties of a director; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the director's creditors or makes an assignment of the director's remuneration or estate for their benefit; or

(d) is convicted, in Tasmania or elsewhere, of an offence punishable by imprisonment for 2 years or longer; or

(e) is convicted of an offence against this Act or the Forest Management Act 2013; or

(f) fails, without reasonable excuse, to comply with the obligations referred to in clause 5.

2B. Resignation

An appointed director may resign by signed notice given to the Minister.

3. Remuneration of directors

      (1) A director is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.

      (2) A director of the Board who is a State Service officer or State Service employee is not entitled to remuneration under subclause (1) except with the approval of the Minister administering the State Service Act 2000.

4. Validity of proceedings

      (1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid 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 Board.

      (2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if a person was disqualified from acting as, or incapable of being, a director.

5. Disclosure of interests

      (1) If–

(a) a director or the spouse or partner of a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Board; and

(b) the interest could conflict with the proper performance of the director's duties in relation to consideration of the matter–

the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest to a meeting of the Board.

      (2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting and, unless the Board otherwise determines, the director is not to–

(a) be present during any deliberation of the Board in relation to the matter; or

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

      (3) For the purpose of making a determination under subclause (2) in relation to a director who has made a disclosure under subclause (1), a director who has a direct or indirect pecuniary interest in the matter to which the disclosure relates is not to–

(a) be present during any deliberation of the Board for the purpose of making the determination; or

(b) take part in making the determination.

      (4) In this clause,

partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003.

6. Presumptions

In any proceedings, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Board; or

(b) any resolution of the Board; or

(c) the presence of a quorum at any meeting of the Board.



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