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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Australian
Heritage Council Bill 2000
No. ,
2000
(Environment and
Heritage)
A Bill for an Act to establish
the Australian Heritage Council, and for related purposes
ISBN: 0642 464049
Contents
A Bill for an Act to establish the Australian Heritage
Council, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Heritage Council Act
2000.
This Act commences at the same time as section 2 of the
Environment and Heritage Legislation Amendment Act (No. 2)
2000.
(1) In this Act:
Chair means the Chair of the Council.
Council means the Australian Heritage Council established
under section 4.
member includes the Chair.
(2) Except where the contrary intention appears, other expressions used in
this Act have the same meaning as in the Environment Protection and
Biodiversity Conservation Act 1999.
The Australian Heritage Council is established by this section.
These are the functions of the Council:
(a) to make assessments requested by the Minister under the Environment
Protection and Biodiversity Conservation Act 1999;
(b) to advise the Minister, on request, on conserving and protecting
places included, or being considered for inclusion, in the National Heritage
List or Commonwealth Heritage List;
(c) to advise the Minister, on request, on matters relating to heritage
including the following:
(i) promotional, research, training or educational activities;
(ii) national policies;
(iii) grants or other financial assistance;
(iv) the monitoring of the condition of places included in the National
Heritage List or Commonwealth Heritage List;
(v) the Commonwealth’s responsibilities for historic
shipwrecks;
(d) to nominate places for inclusion in the National Heritage List or
Commonwealth Heritage List;
(e) to perform any other functions conferred on the Council by the
Environment Protection and Biodiversity Conservation Act
1999.
The Council consists of:
(a) the Chair; and
(b) 6 other members.
(1) The members of the Council are to be appointed by the Minister by
written instrument.
(2) The Minister must appoint the Chair. The Chair must have experience or
expertise concerning heritage.
(3) In appointing the other members, the Minister must ensure
that:
(a) there are 2 members who have experience or expertise concerning
natural heritage; and
(b) there are 2 members who have experience or expertise concerning
historic heritage; and
(c) there are 2 members who have experience or expertise concerning
indigenous heritage, one of whom represents the interests of indigenous
people.
(1) A member is to be appointed on a part-time basis.
(2) A member holds office for the period specified in the instrument of
appointment. The period must not exceed 3 years.
(3) A member cannot be appointed more than twice.
The Minister may appoint a member to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment
has previously been made to the office); or
(b) during any period, or during all periods, when the Chair is absent
from duty or from Australia, or is for any reason unable to perform the duties
of the office.
Note: Section 33A of the Acts Interpretation Act
1901 has provisions relating to acting appointments.
A member must not engage in any paid employment, or any other activity,
that the Minister is satisfied conflicts or may conflict with the proper
performance of the member’s duties.
(1) A member is to be paid the remuneration that is determined by the
Remuneration Tribunal. If no determination of that remuneration by the Tribunal
is in operation, the member is to be paid the remuneration that is
prescribed.
(2) A member is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
A member may resign his or her appointment by giving the Minister a
written resignation.
The Minister may terminate a member’s appointment:
(a) for misbehaviour or physical or mental incapacity; or
(b) if the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his
or her creditors; or
(c) if the Minister is satisfied that it is no longer appropriate that the
person remain as a member because of the Minister’s obligations under
subsection 7(3); or
(d) if the member is absent from 3 consecutive meetings of the Council;
or
(e) if the member engages in paid employment, or any other activity, that
the Minister is satisfied conflicts or could conflict with the proper
performance of the duties of his or her office; or
(f) if the member fails, without reasonable excuse, to comply with
section 19 (disclosure of interests).
(1) The Council is to hold such meetings as are necessary for the
efficient performance of its functions.
(2) Meetings are to be held at the times and places determined by the
Council.
(3) The Chair may call a meeting at any time. However, the Chair must call
a meeting if a majority of the members, for the time being holding office,
request the Chair to do so.
(4) The Minister may, at any time, direct the Chair to call a
meeting.
(5) The Chair must ensure that at least 4 meetings are held each
year.
Each member is entitled to receive reasonable notice of the
Council’s meetings.
(1) The Chair presides at all meetings at which he or she is
present.
(2) If the Chair is not present at a meeting, the members present may
elect a member to preside at the meeting.
A majority of the members, for the time being holding office, constitutes
a quorum.
(1) A question is decided by a majority of the votes of the members
present and voting.
(2) The person presiding at a meeting has a deliberative vote and, if
necessary, also a casting vote.
(1) A Council member who has a direct or indirect pecuniary interest in a
matter that is being considered, or is about to be considered, by the Council
must disclose the nature of the interest to the other members.
(2) The disclosure must be made as soon as possible after the relevant
facts have come to the member’s knowledge.
(3) Unless the Council otherwise determines, the member:
(a) must not be present during any deliberation by the Council on the
matter; and
(b) must not take part in any decision of the Council on the
matter.
(4) For the purposes of a determination under subsection (3), the
member:
(a) must not be present during any deliberation of the Council on whether
to make the determination; and
(b) must not take part in making the determination.
The Council may, subject to this Part, regulate proceedings at its
meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act
1901 provides for participation in meetings by telephone
etc.
The Governor-General may make regulations prescribing matters necessary
or convenient to be prescribed for carrying out or giving effect to this
Act.