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TASMANIA
__________
ROYAL TASMANIAN BOTANICAL GARDENS
BILL 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 BOTANICAL GARDENS BOARD
Division 1 Establishment of Botanical Gardens Board
4. Establishment of Botanical Gardens Board
5. Approval by Parliament
6. Functions and powers of Board
7. Protection from liability
8. Delegation
Division 2 Strategic master plan and business plan
9. Draft strategic master plan
10. Public consultation
11. Consideration of public submissions
12. Consideration of draft strategic master plan
13. Amendment to strategic master plan
14. Review of strategic master plan
[Bill 67]-IX
15. Business plan
Division 3 Accounts and annual report
16. Statement of accounts
17. Annual report
Division 4 Administration
18. Appointment of Director of Botanical Gardens
19. Functions and powers of Director
20. Employees
PART 3 CARE, CONTROL AND MANAGEMENT
21. Directions by authorised officer
22. Camping
23. Vehicles
24. Disposal of rubbish
25. Protection of Botanical Gardens
26. Recreational activities
27. Commercial activities
28. Obstruction
PART 4 MISCELLANEOUS
29. Regulations
30. Administration of Act
31. Savings and transitional
32. Repeals and rescissions
33. Consequential amendments
SCHEDULE 1 MEMBERSHIP OF BOARD
SCHEDULE 2 MEETINGS OF BOARD
SCHEDULE 3 SAVINGS AND TRANSITIONAL
PROVISIONS
SCHEDULE 4 CONSEQUENTIAL AMENDMENTS
2
ROYAL TASMANIAN BOTANICAL GARDENS
BILL 2002
(Brought in by the Minister for Tourism, Parks and
Heritage, the Honourable James Alexander Bacon)
A BILL FOR
An Act to make provision for the management,
conservation and enhancement of the Royal
Tasmanian Botanical Gardens, to repeal the
Botanical Gardens Act 1950 and to make
consequential amendments
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Royal Tasmanian
Botanical Gardens Act 2002.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. In this Act
[Bill 67] 3
s. 3 No. Royal Tasmanian Botanical Gardens 2002
"appointed member" means a member of the
Board appointed under section 4(2)(a) or (b);
"authorised officer" means any of the following:
(a) a member;
(b) a person authorised by the Board;
(c) the Director;
(d) a police officer;
"Board" means the Botanical Gardens Board
established under section 4(1);
"Botanical Gardens" means the Royal Tasmanian
Botanical Gardens formerly managed by the
board of trustees under the Botanical Gardens
Act 1950;
"business plan" means a business plan referred to
in section 15;
"Director" means the Director of the Botanical
Gardens appointed under section 18;
"draft strategic master plan" means a draft
strategic master plan referred to in section 9;
"financial year" means the 12 month period ending
on 30 June in any year;
"member" means a member of the Board under
section 4(2);
"motor vehicle" means a motor vehicle as defined
in the Vehicle and Traffic Act 1999;
"public notice" means a notice published in any
newspaper circulating generally in the State;
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2002 Royal Tasmanian Botanical Gardens No. s. 3
"Secretary" means the Secretary of the
Department;
"strategic master plan" means a strategic master
plan approved by the Minister under
section 12;
"structure" includes any building, tent, screen,
awning or enclosure;
"vehicle" includes a bicycle, tricycle, scooter,
skateboard, rollerskates and rollerblades.
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s. 4 No. Royal Tasmanian Botanical Gardens 2002
PART 2 BOTANICAL GARDENS BOARD
Division 1 Establishment of Botanical Gardens
Board
Establishment of Botanical Gardens Board
4. (1) The Botanical Gardens Board is established.
(2) The Board consists of 7 members
(a) one of whom is appointed by the Minister as
the chairperson of the Board; and
(b) 5 of whom are persons appointed by the
Minister with expertise relevant to the
functions of the Board; and
(c) one of whom is the Secretary of the
Department or his or her delegate.
(3) Subject to subsection (4), an appointed member
holds office for a period of 3 years.
(4) The Minister may extend the period for which an
appointed member holds office by one further period not
exceeding 3 years.
(5) The Board is a body corporate with perpetual
succession and a common seal.
(6) The Board may
(a) subject to subsection (7), acquire, hold, dispose
of and otherwise deal with real or personal
property; and
(b) sue and be sued in its corporate name.
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2002 Royal Tasmanian Botanical Gardens No. s. 5
(7) The Board must not dispose of any real property
unless the disposal is approved by resolution of both
Houses of Parliament.
(8) Schedule 1 has effect with respect to the
membership of the Board.
(9) Schedule 2 has effect with respect to meetings of
the Board.
Approval by Parliament
5. For the purposes of this Act, a House of Parliament is
to be taken to have approved a resolution if a draft of the
resolution has been laid on the table of that House and
(a) the draft is approved by that House; or
(b) at the expiration of 5 sitting days after the
draft was laid on the table of that House, no
notice has been given of a motion to
disapprove the draft or, if such a notice has
been given, it has been withdrawn or the
motion has been negatived; or
(c) any notice of a motion to disapprove the draft
given during the period of 5 sitting days after
the draft was laid on the table of that House
is, subsequent to those 5 sitting days,
withdrawn or the motion is negatived.
Functions and powers of Board
6. (1) The Board has the following functions:
(a) to manage the Botanical Gardens in
accordance with the strategic master plan and
the business plan;
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s. 6 No. Royal Tasmanian Botanical Gardens 2002
(b) to provide and promote recreational,
educational and tourism services and facilities
within the Botanical Gardens;
(c) to conserve and enhance the Botanical
Gardens;
(d) to manage all funds vested in, or under the
control of, the Board and to apply those funds
in accordance with the terms and conditions of
any instrument affecting the disposition of
those moneys;
(e) to carry out and promote research into natural
and cultural heritage relating to the Botanical
Gardens;
(f) to accumulate, acquire and care for specimens,
objects and things of botanical, horticultural,
biological or historical interest;
(g) to accumulate and classify data in regard to
those specimens, objects and things;
(h) to disseminate information of botanical,
horticultural, biological or cultural interest
relating to the Botanical Gardens;
(i) to perform any other function determined by
the Minister.
(2) The Board, for the purpose of performing its
functions, may
(a) acquire any interest in land or buildings; and
(b) carry out any works for the purpose of
establishing, maintaining or developing the
Botanical Gardens and its facilities and
amenities; and
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2002 Royal Tasmanian Botanical Gardens No. s. 7
(c) do anything necessary or convenient to
perform its functions.
Protection from liability
7. A member does not incur any personal liability for an
act done, or purported or omitted to be done, by the
member in good faith for the purpose of administering this
Act.
Delegation
8. The Board may delegate any of its functions or powers,
other than its power to acquire, hold, dispose of and
otherwise deal with real or personal property and this
power of delegation, to a member or to any other person
the Board considers appropriate.
Division 2 Strategic master plan and business plan
Draft strategic master plan
9. (1) The Board is to prepare a draft strategic master
plan for the Botanical Gardens.
(2) A draft strategic master plan is to include the
following:
(a) a statement of the intended long-term use,
planning, management, conservation and
enhancement of the Botanical Gardens;
(b) a statement of the objectives of the Board in
relation to the management of the Botanical
Gardens;
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s. 10 No. Royal Tasmanian Botanical Gardens 2002
(c) a description of the measures to be used to
monitor the progress of the Board towards the
achievement of those objectives;
(d) detailed information on how the Board intends
to meet its objectives;
(e) any additional matters the Board considers
appropriate.
Public consultation
10. After preparing a draft strategic master plan, the
Board, by public notice, is to notify
(a) that a draft strategic master plan has been
prepared; and
(b) that a person may lodge written submissions
relating to the draft strategic master plan; and
(c) the period during which submissions may be
made; and
(d) the address to which submissions may be sent;
and
(e) the place at which a copy of the draft strategic
master plan may be obtained; and
(f) the cost, if any, of obtaining a copy of the draft
strategic master plan; and
(g) the place at which the draft strategic master
plan is exhibited; and
(h) the period during which the draft strategic
master plan is to be exhibited.
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2002 Royal Tasmanian Botanical Gardens No. s. 11
Consideration of public submissions
11. After considering any submissions received under
section 10, the Board
(a) may amend the draft strategic master plan to
take account of the submissions; and
(b) is to submit the draft strategic master plan to
the Minister; and
(c) is to make a recommendation to the Minister
in relation to the draft strategic master plan.
Consideration of draft strategic master plan
12. (1) The Minister, after receipt of a draft strategic
master plan, may
(a) approve the draft strategic master plan; or
(b) require the Board to make any changes to the
draft strategic master plan the Minister
considers appropriate.
(2) If the Minister approves a draft strategic master
plan, that draft strategic master plan becomes the
strategic master plan.
Amendment to strategic master plan
13. (1) The Board may prepare a draft amendment to a
strategic master plan.
(2) Sections 10, 11 and 12 apply to a draft
amendment to a strategic master plan as if it were a draft
strategic master plan.
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s. 14 No. Royal Tasmanian Botanical Gardens 2002
(3) If the Minister approves a draft amendment to a
strategic master plan, the draft amendment is
incorporated into the strategic master plan.
(4) The Board may make a minor or insignificant
amendment to a strategic master plan that does not
substantially affect the objectives of the strategic master
plan without complying with this section.
(5) If the Board makes an amendment referred to in
subsection (4), the Board is to notify the Minister in
writing of the amendment.
Review of strategic master plan
14. (1) The Board is to review its strategic master plan at
least once every 5 years.
(2) In performing a review of its strategic master
plan, the Board, by public notice, is to notify
(a) that it is performing the review; and
(b) that a person may lodge with the Board
written submissions relating to the review.
(3) If, as a result of the review, the strategic master
plan is revised, the revised plan is to be submitted to the
Minister for approval under section 12 as if it were a draft
strategic master plan.
Business plan
15. (1) The Board, on or before 31 March in each financial
year, is to prepare in respect of the next financial year a
business plan for the Botanical Gardens.
(2) A business plan is to
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2002 Royal Tasmanian Botanical Gardens No. s. 16
(a) be consistent with the strategic master plan;
and
(b) include a statement of the manner in which
the Board is to meet the objectives of the
strategic master plan.
(3) The chairperson of the Board, within 30 days
after a business plan has been prepared or within any
further period the Minister approves, is to provide the
Minister with a copy of the business plan.
Division 3 Accounts and annual report
Statement of accounts
16. (1) The Board is to keep accounts and records of its
financial affairs.
(2) Not later than 31 October after the end of each
financial year, the Board is to prepare a statement of
accounts in a form approved by the Auditor-General
exhibiting a correct view of the financial position and
transactions of the Board for that financial year.
Annual report
17. (1) The Board, not later than 31 October after the end
of each financial year, is to give the Minister a report on
its operations for the financial year.
(2) The report is to
(a) be in a form approved by the Minister; and
(b) incorporate the statement of accounts
prepared for the relevant financial year under
section 16.
13
s. 18 No. Royal Tasmanian Botanical Gardens 2002
(3) The Minister is to table a copy of the report in
each House of Parliament as soon as is practicable.
Division 4 Administration
Appointment of Director of Botanical Gardens
18. (1) Subject to and in accordance with the State Service
Act 2000, a person is to be appointed as Director of the
Botanical Gardens.
(2) The Board may give directions to the Director
relating to the Director's functions and the Director is to
comply with those directions.
Functions and powers of Director
19. (1) The functions of the Director are
(a) to administer and manage the Botanical
Gardens as directed by the Board; and
(b) to carry out any other function for the purpose
of this Act the Minister or the Board
determines.
(2) The Director may do anything necessary or
convenient to perform any function under this Act.
Employees
20. Subject to and in accordance with the State Service Act
2000, persons may be appointed or employed for the
purposes of this Act.
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2002 Royal Tasmanian Botanical Gardens No. s. 21
PART 3 CARE, CONTROL AND MANAGEMENT
Directions by authorised officer
21. (1) An authorised officer may give any reasonable
direction to persons in the Botanical Gardens.
(2) An authorised officer may give a direction for the
purpose of
(a) limiting the number of persons who may enter
any part of the Botanical Gardens; or
(b) closing to the public all, or any part, of the
Botanical Gardens or any road, path or
building in the Botanical Gardens; or
(c) ensuring compliance with this Act.
(3) An authorised officer may direct a person to
leave the Botanical Gardens, or any part of the Botanical
Gardens, if that person
(a) enters the Botanical Gardens, or part of the
Botanical Gardens, unlawfully; or
(b) causes any annoyance or inconvenience to
other persons in the Botanical Gardens; or
(c) commits an offence under this Act.
Camping
22. (1) A person, except with the written consent of the
Board, must not, in the Botanical Gardens
(a) camp or reside; or
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s. 23 No. Royal Tasmanian Botanical Gardens 2002
(b) erect or occupy, or cause to be erected or
occupied, any structure.
Penalty: Fine not exceeding 10 penalty units.
(2) An authorised officer may direct a person who,
without the written consent of the Board, has erected or
occupied, or caused to be erected or occupied, any structure
to remove the structure.
(3) A person must comply with any direction given
under subsection (2).
Penalty: Fine not exceeding 10 penalty units.
(4) If a person fails to comply with a direction under
subsection (2), the authorised officer may remove the
structure.
(5) The Board and any authorised officer are not
responsible for the safekeeping of, or for damage to, any
structure removed under subsection (4).
Vehicles
23. (1) A person, except with the written consent of the
Board, must not, in the Botanical Gardens
(a) cause or permit any vehicle, other than a
perambulator, stroller or wheelchair, to stand
or be parked on any lawn, grass, parkland,
garden or path; or
(b) drive, ride or use any vehicle, other than a
perambulator, stroller or wheelchair otherwise
than on a road or path; or
(c) park a motor vehicle other than in an area of
the Botanical Gardens that has been set aside
for the parking of motor vehicles; or
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2002 Royal Tasmanian Botanical Gardens No. s. 24
(d) abandon a motor vehicle.
Penalty: Fine not exceeding 10 penalty units.
(2) An authorised officer may take charge of, and
remove or tow away, or cause to be removed or towed
away, from the Botanical Gardens any motor vehicle
that
(a) is parked in contravention of subsection (1)(c);
or
(b) the authorised officer believes on reasonable
grounds to have been abandoned.
Disposal of rubbish
24. A person must not
(a) bring any rubbish into, or deposit it for
disposal in, the Botanical Gardens; or
(b) leave any rubbish in the Botanical Gardens
except in a place or receptacle provided for
that purpose; or
(c) deposit, or allow to escape, in the Botanical
Gardens any pollutant within the meaning of
the Environmental Management and Pollution
Control Act 1994.
Penalty: Fine not exceeding 10 penalty units.
Protection of Botanical Gardens
25. A person, except with the written consent of the
Board, must not, in the Botanical Gardens
17
s. 26 No. Royal Tasmanian Botanical Gardens 2002
(a) damage any lawn or green, otherwise than in
the course of, and as a normal incident to, an
organised recreational or sporting activity; or
(b) remove, uproot, climb upon or cause damage to
any tree or other vegetation or part of any tree
or other vegetation; or
(c) remove any dead timber, log or stump,
whether standing or fallen; or
(d) deface any rock or dig up any soil, sand, stone
or similar substance; or
(e) damage, deface, interfere with or remove any
part of, or anything that forms part of, the
Botanical Gardens; or
(f) destroy, capture, injure or interfere with any
animal; or
(g) destroy or interfere with the habitat of any
animal; or
(h) bring into, or allow to remain in, the Botanical
Gardens any animal other than a guide dog, as
defined in the Guide Dogs and Hearing Dogs
Act 1967, that is in harness.
Penalty: Fine not exceeding 10 penalty units.
Recreational activities
26. A person, except with the written consent of the
Board, must not, in the Botanical Gardens
(a) operate any mechanically propelled model
aircraft, boat or similar thing; or
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2002 Royal Tasmanian Botanical Gardens No. s. 26
(b) operate any motorised equipment, other than
a wheelchair, for recreational or other
purposes; or
(c) land any aircraft, hang-glider, hot air balloon
or parachute; or
(d) fly a kite or similar item or release balloons; or
(e) play or listen to any music at a volume likely
to cause a nuisance or annoyance to any
person; or
(f) operate or use a loudspeaker or public address
system or apparatus; or
(g) address a function, public meeting,
demonstration or gathering; or
(h) jog otherwise than on a road, path or specially
designated circuit; or
(i) play or practise golf; or
(j) throw, kick or hit any object other than on
designated land; or
(k) fish or swim in any pond, lake, stream or
ornamental water; or
(l) use any drinking fountain otherwise than for
drinking; or
(m) light any fire; or
(n) discharge any fireworks or a firearm; or
(o) participate in an organised recreational or
sporting activity; or
(p) climb on, or attach items to, any structure.
Penalty: Fine not exceeding 10 penalty units.
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s. 27 No. Royal Tasmanian Botanical Gardens 2002
Commercial activities
27. A person, except with the written consent of the
Board, must not, in the Botanical Gardens
(a) collect or attempt to collect money; or
(b) sell, hire, attempt to sell or hire, expose for
sale or hire, or solicit for sale or hire, papers,
printed matter, food or other goods or services;
or
(c) conduct, or assist the operation of, an
amusement, entertainment, instruction or
performance for money or other consideration;
or
(d) use television, video, cinematographic or
photographic equipment for commercial
purposes; or
(e) display or distribute any advertising matter,
sign, bill, poster or other printed matter.
Penalty: Fine not exceeding 10 penalty units.
Obstruction
28. A person must not obstruct an authorised officer in
the performance of his or her functions.
Penalty: Fine not exceeding 10 penalty units.
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2002 Royal Tasmanian Botanical Gardens No. s. 29
PART 4 MISCELLANEOUS
Regulations
29. (1) The Governor may make regulations for the
purpose of this Act.
(2) The regulations may be made so as to apply
differently according to any matter, condition, limitation,
restriction, exception or circumstance specified in the
regulations.
(3) The regulations may
(a) authorise any matter to be determined,
applied or regulated by a specific person or
body; and
(b) impose fees or charges in relation to any
service provided by the Board or any matter
under this Act.
(4) The regulations may
(a) provide that a contravention of, or a failure to
comply with, any of the regulations is an
offence; and
(b) in respect of such an offence, provide for the
imposition of a fine not exceeding 10 penalty
units and, in the case of a continuing offence, a
further fine not exceeding 5 penalty units for
each day during which the offence continues.
(5) The Governor may make regulations of a savings
and transitional nature consequent on the enactment of
this Act.
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s. 30 No. Royal Tasmanian Botanical Gardens 2002
(6) A provision referred to in subsection (5) may, if
the regulations so provide, take effect from the
commencement of this Act or a later date.
Administration of Act
30. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Tourism, Parks and Heritage;
and
(b) the department responsible to the Minister for
Tourism, Parks and Heritage in relation to the
administration of this Act is the Department of
Tourism, Parks, Heritage and the Arts.
Savings and transitional
31. The savings and transitional provisions set out in
Schedule 3 have effect.
Repeals and rescissions
32. (1) The Botanical Gardens Act 1950 is repealed.
(2) The Botanical Gardens By-laws 1997 and the
Botanical Gardens Amendment By-laws 2000 are
rescinded.
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2002 Royal Tasmanian Botanical Gardens No. s. 33
Consequential amendments
33. The legislation specified in Schedule 4 is amended as
specified in that Schedule.
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sch. 1 No. Royal Tasmanian Botanical Gardens 2002
SCHEDULE 1 MEMBERSHIP OF BOARD
Section 4(8)
Holding other office
1. 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 an
appointed member; or
(b) accepting any remuneration payable to an
appointed member.
Remuneration of members
2. An appointed member is entitled to be paid such
remuneration, including travelling and subsistence
allowances, as the Minister determines.
Vacation of office
3. (1) An appointed member may resign from office by
written notice addressed to the Minister.
(2) An appointed member vacates office when the
member
(a) dies; or
(b) resigns; or
(c) is removed from office under subclause (3) or
(4).
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2002 Royal Tasmanian Botanical Gardens No. sch. 1
(3) The Minister may remove an appointed member
from office if the member
(a) is absent from 2 consecutive meetings of the
Board without the permission of the Board; 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) has been convicted in Tasmania of any crime
or offence punishable by imprisonment for 12
months or longer, or elsewhere of any crime or
offence which, if committed in Tasmania,
would be punishable by imprisonment for 12
months or longer; or
(d) is convicted of an offence against this Act.
(4) The Minister may remove an appointed member
from office if satisfied that the member is unable to
perform adequately or competently the duties of office.
Filling of vacancies
4. (1) If the office of an appointed member becomes
vacant, the Minister may appoint a person to the vacant
office for the remainder of that member's term of office.
(2) The Minister may appoint a suitable person to
act as a substitute for an appointed member while that
member
(a) is unable for any reason to perform the
functions of such a member; or
(b) is absent for any reason.
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sch. 1 No. Royal Tasmanian Botanical Gardens 2002
Validity of proceedings
5. (1) An act or proceeding 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 is valid even
if
(a) the appointment of an appointed member of
the Board was defective; or
(b) a person appointed as an appointed member of
the Board was disqualified from acting as, or
incapable of being, such a member.
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2002 Royal Tasmanian Botanical Gardens No. sch. 2
SCHEDULE 2 MEETINGS OF BOARD
Section 4(9)
Convening of meetings
1. A meeting of the Board may be convened by the
chairperson or by any 2 members.
Procedure at meetings
2. (1) The quorum at any meeting of the Board is 4
members.
(2) A meeting of the Board may only transact
business if there is a quorum present.
(3) A question arising at a meeting of the Board is
determined by a majority of votes of the members present
and voting.
Chairperson
3. (1) The chairperson of the Board is to preside at all
meetings of the Board.
(2) If the chairperson of the Board is not present at a
meeting of the Board, the members present are to elect one
of their number to preside at that meeting.
(3) The person presiding at a meeting of the Board
has a deliberative vote.
Minutes
4. The Board is to keep accurate minutes of its meetings.
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sch. 2 No. Royal Tasmanian Botanical Gardens 2002
Disclosure of interest
5. (1) A member is to disclose at a meeting of the Board
any financial interest in a matter being considered by the
Board.
(2) A disclosure of interest is to be recorded in the
minutes of the meeting of the Board.
(3) Subject to subclause (4), the member who made
the disclosure must
(a) not take part in any debate or vote in respect
of the matter; and
(b) leave the meeting.
(4) The Board may allow a member to remain at a
meeting if
(a) the member is required to be present to make
up a quorum; or
(b) the Board considers that the interest disclosed
by the member is too remote to influence the
debate or vote.
General procedures
6. (1) Subject to this Schedule, the procedure for calling
meetings of the Board and for the conduct of business at
meetings of the Board is as determined by the Board.
(2) The Board may permit members to participate in
a particular meeting by telephone or other means of
communication.
(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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2002 Royal Tasmanian Botanical Gardens No. sch. 2
(4) The Board may allow a person to attend a
meeting for the purpose of advising or informing it on any
matter.
29
sch. 3 No. Royal Tasmanian Botanical Gardens 2002
SCHEDULE 3 SAVINGS AND TRANSITIONAL
PROVISIONS
Section 31
Interpretation
1. In this Schedule
"commencement day" means the day on which
this Act commences;
"repealed Act" means the Botanical Gardens Act
1950.
Trustees
2. A person who, immediately before the commencement
day, was a trustee of the board of trustees under the
repealed Act is, on that day, a member until 6 months
after the commencement day.
Employees
3. Any person whose appointment or employment under
the repealed Act was in force immediately before the
commencement day is, on that day, a person taken to be
appointed or employed under this Act.
Accounts and funds
4. Any account maintained by the board of trustees under
the repealed Act immediately before the commencement
day is, on that day, taken to be an account maintained by
the Board and any funds in that account are taken to be
the funds of the Board.
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2002 Royal Tasmanian Botanical Gardens No. sch. 3
Property
5. Any property vested in the board of trustees under the
repealed Act is, on the commencement day, vested in the
Board.
Proceedings
6. Any proceedings instituted but not determined under
the repealed Act before the commencement day may, on
and after that day, be determined under that Act.
Contracts
7. Any contract entered into by the board of trustees
under the repealed Act and in force immediately before the
commencement day continues, on that day, to be in force
as if it were a contract entered into by the Board.
31
sch. 4 No. Royal Tasmanian Botanical Gardens 2002
SCHEDULE 4 CONSEQUENTIAL AMENDMENTS
Section 33
Government House Land Act 1964
1. Schedule 1 is amended by omitting "Trustees of the
Botanical Gardens" and substituting "Botanical Gardens
Board within the meaning of the Royal Tasmanian
Botanical Gardens Act 2002".
Ombudsman Act 1978
1. Schedule 1 is amended by omitting item 74 and
substituting the following item:
74. Botanical Gardens Board within the meaning of
the Royal Tasmanian Botanical Gardens Act 2002.
Proclamation under the Duties Act 2001
1. The proclamation notified in the Gazette as Statutory
Rules 2001, No. 76 is amended by omitting subparagraph
(ix) from paragraph (a) and substituting the following
subparagraph:
(ix) Botanical Gardens Board;
32
2002 Royal Tasmanian Botanical Gardens No. sch. 4
Retirement Benefits Regulations 1994
1. Regulation 4(1)(g) is amended by omitting
subparagraph (i) and substituting the following
subparagraph:
(i) appointed under the Royal Tasmanian
Botanical Gardens Act 2002; or
Government Printer, Tasmania 33