Victorian Current Acts Victorian Current ActsSchedule 1—Membership and procedure of Class B cemetery trusts
Sch. 1 cl. 1 (Heading) amended by No. 61/2009 s. 22(2)(a).
1 Terms of appointment of Class B cemetery trust members
Sch. 1 cl. 1(1) amended by No. 61/2009 s. 22(2)(b).
(1) A member of a Class B cemetery trust holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.
Sch. 1 cl. 1(2) amended by No. 61/2009 s. 22(2)(b).
(2) A member of a Class B cemetery trust is
eligible for re-appointment.
Sch. 1 cl. 1(3) amended by No. 61/2009 s. 22(2)(b).
(3) The instrument of appointment of a member of a Class B cemetery trust may specify terms and conditions of appointment.
Sch. 1 cl. 1(4) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 27.2) (as amended by No. 20/2005 s. 50(1)), 80/2006 s. 26(Sch. item 9).
(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of the office of
member.
Sch. 1 cl. 2 (Heading) amended by No. 61/2009 s. 22(2)(c).
2 Chairperson of
Class B cemetery trust
Sch. 1 cl. 2(1) amended by No. 61/2009 s. 22(2)(d).
(1) The members of a Class B cemetery trust must appoint one of the members to be chairperson.
Sch. 1 cl. 2(2) amended by No. 61/2009 s. 22(2)(d).
(2) A person appointed as chairperson of a Class B cemetery trust—
(a) holds that office for the period not exceeding 5 years, as determined by the Class B cemetery trust; and
(b) is eligible for re-appointment.
Sch. 1 cl. 2(3) amended by No. 61/2009 s. 22(2)(d).
(3) A person appointed as chairperson ceases to hold that office on ceasing to be a member of the Class B cemetery trust.
3 Resignation and removal of members
Sch. 1 cl. 3(1) amended by No. 61/2009 s. 22(2)(d).
(1) A member of a Class B cemetery trust may resign the office of member by writing signed by the member and addressed to the Minister.
Sch. 1 cl. 3(2) amended by No. 61/2009 s. 22(2)(d).
(2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of a Class B cemetery trust from office.
Sch. 1 cl. 4 (Heading) amended by No. 61/2009 s. 22(2)(e).
Sch. 1 cl. 4 amended by No. 61/2009 s. 22(2)(f).
4 Vacancies in membership of Class B cemetery trusts
If a member of a Class B cemetery trust dies, resigns or is removed from office, the Governor in Council, in accordance with this Act, may fill the vacant office.
5 Fees and allowances of members
Sch. 1 cl. 5(1) amended by No. 61/2009 s. 22(2)(f).
(1) A member of a Class B cemetery trust, other than a member who is an employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of that member.
Sch. 1 cl. 5(2) amended by No. 61/2009 s. 22(2)(f).
(2) The fees, travelling and other allowances payable to a member of a Class B cemetery trust are to be paid from the funds of that trust.
Sch. 1 cl. 6 (Heading) amended by No. 61/2009 s. 22(2)(g).
6 Validity of decisions of Class B cemetery trusts
Sch. 1 cl. 6(1) amended by No. 61/2009 s. 22(2)(h).
(1) An act or decision of a Class B cemetery trust is not invalid merely because of—
(a) a defect or irregularity in, or in connection with, the appointment of a member; or
(b) a vacancy in the membership of the trust, including a vacancy arising from the failure to appoint an original member.
(2) Anything done by or in relation to a person purporting to act as chairperson or as a member is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in relation to the appointment; or
(c) the appointment had ceased to have effect.
Sch. 1 cl. 7 (Heading) amended by No. 61/2009 s. 22(2)(i).
Sch. 1 cl. 7 amended by No. 61/2009 s. 22(2)(j).
7 Presiding at meetings of Class B cemetery trusts
The person who is to preside at a meeting of a Class B cemetery trust is—
(a) the chairperson, if he or she is present; or
(b) if the chairperson is absent, a member elected to preside by the members of the trust present at the meeting.
Sch. 1 cl. 8 (Heading) amended by No. 61/2009 s. 22(2)(k).
8 Proceedings of Class B cemetery trusts
Sch. 1 cl. 8(1) amended by No. 61/2009 s. 22(2)(l).
(1) Subject to subclause (2), meetings of a Class B cemetery trust are to be held at the times and places that the chairperson determines.
Sch. 1 cl. 8(2) amended by No. 61/2009 s. 22(2)(l).
(2) The chairperson of a Class B cemetery trust
may at any time convene a meeting, but must do so when requested by at least 2
members of the trust.
Sch. 1 cl. 8(3) amended by No. 61/2009 s. 22(2)(l).
(3) A Class B cemetery trust may permit its members to participate in a particular meeting by—
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
(4) A member who participates in a meeting under a permission under subclause (3) is deemed to be present at the meeting.
Sch. 1 cl. 8(5) amended by No. 61/2009 s. 22(2)(l).
(5) A majority of the members for the time being constitutes a quorum of a Class B cemetery trust.
(6) A question arising at a meeting must be determined by a majority of votes of members present and voting on that question and, if the voting is equal, the person presiding has a casting vote as well as a deliberative vote.
(7) The person presiding must ensure that minutes are kept of each of its meetings.
Sch. 1 cl. 8(8) amended by No. 61/2009 s. 22(2)(l).
(8) Subject to this clause, a Class B cemetery trust may regulate its own proceedings.
Sch. 1 cl. 9 (Heading) amended by No. 61/2009 s. 22(2)(m).
9 Disclosure of interest of Class B cemetery trust members
Sch. 1 cl. 9(1) amended by No. 61/2009 s. 22(2)(n).
(1) A member of a Class B cemetery trust who has a direct or indirect pecuniary interest in a contract or other matter being dealt with by the trust must disclose the nature of that interest at a meeting of the trust as soon as possible after becoming aware of the interest.
Sch. 1 cl. 9(2) amended by No. 61/2009 s. 22(2)(n).
(2) A member of a Class B cemetery trust who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with the member's duties as a member, must disclose that fact at a meeting of the trust as soon as possible after becoming aware of the potential conflict.
(3) The person presiding at a meeting at which a disclosure under this clause is made must cause that disclosure to be recorded in the minutes of the meeting.
(4) A person who has made a disclosure under this clause must not take any further part in the discussion of or vote on the contract or other matter to which the disclosure relates.
(5) If a member votes on a matter in contravention
of subclause (4), his or her vote must be disallowed.
Sch. 1A inserted by No. 61/2009 s. 23.