AustLII Tasmanian Consolidated Acts

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- Provisions with Respect to Membership of Council

SCHEDULE 5 - Provisions with Respect to Membership of Council

Section 37A (11)

1.    Interpretation
In this Schedule –
member means a member of the Council.
2.    Term of appointment
A member is to be appointed for such term, not exceeding 3 years, as is specified in the member's instrument of appointment and, if otherwise qualified, is eligible for re-appointment.
3.    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 holding that office and also the office of a member.
4.    Termination of appointment
The Minister may terminate the appointment of a member if the member–
(a) is absent from 4 consecutive meetings of the Council without the permission of the Council; or
(b) becomes mentally or physically incapable of performing the duties of a member; or
(c) 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 that 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 .
5.    Resignation
A member may resign by signed notice given to the Minister.
6.    Validity of proceedings
(1) An act or proceeding of the Council 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 Council.
(2) All acts and proceedings of the Council or of a person acting under a direction of the Council are, despite the subsequent discovery of a defect in the appointment of a member or that any 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 Council had been fully constituted.

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