AustLII Tasmanian Numbered Acts

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BUILDING ACT 2000 (NO. 100 OF 2000) - SCHEDULE 1

- Membership and meetings of advisory committee

SCHEDULE 1 - Membership and meetings of advisory committee

Section 9(4)

1.    Interpretation
In this Schedule,
member means a member of the Advisory Committee.
2.    Term of office
A member is to be appointed for a period, not exceeding 3 years, specified in the member's instrument of 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 –
(a) holding that office and also the office of a member; or
(b) accepting any remuneration payable to a member.
4.    Conditions of appointment
(1) A member is entitled to be paid any remuneration and allowances the Minister determines.
(2) A member holds office on any conditions specified in the instrument of appointment.
5.    Resignation
A member may resign by signed notice given to the Minister.
6.    Removal from office
(1) The Minister may remove a member from office if the member –
(a) is absent from 3 consecutive meetings of the Advisory Committee without the permission of the Advisory Committee; 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) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or
(d) is convicted of an offence against this Act.
(2) The Minister may remove a member from office if satisfied that the member is –
(a) physically or mentally incapable of continuing as a member; or
(b) unable to perform adequately or competently the functions of the member's office.
7.    Filling of vacancies
If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.
8.    Defect not invalidate appointment
An appointment of a person as a member is not invalid merely because of a defect or irregularity in relation to the appointment.
9.    Convening of meetings
(1) The chairperson of the Advisory Committee, after giving each member reasonable notice –
(a) may convene a meeting at any time; and
(b) must convene a meeting if requested to do so by the Minister.
(2) If the chairperson is absent or otherwise unable to perform the duties of the office, a meeting may be convened, after reasonable notice of the meeting has been given of the meeting, by a person authorised by the Advisory Committee to do so.
(3) The Advisory Committee is to determine what is reasonable notice for the purpose of this clause.
10.    Presiding at meetings
(1) The chairperson presides at all meetings of the Advisory Committee at which he or she is present.
(2) If the chairperson is not present at a meeting of the Advisory Committee, a member chosen by the members present at the meeting is to preside.
11.    Quorum and voting at meetings
(1) A quorum at any duly convened meeting of the Advisory Committee is at least half the number of its members.
(2) At a meeting of the Advisory Committee –
(a) the member presiding has a deliberative vote only; and
(b) a question is decided –
(i) by a majority of votes of the members present and voting; or
(ii) in the negative if there is an equality of votes of the members present and voting.
12.    Conduct of meetings
(1) Subject to this Act, the Advisory Committee may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
(2) The Advisory Committee may permit members to participate in a particular meeting or all meetings by –
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved by the Advisory Committee.
(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.


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