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TASMANIA
__________
TASMANIAN COMMUNITY FUND BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Tasmanian Community Fund
5. Amounts to be paid into Fund
6. Tasmanian Community Fund Board
7. Functions of Board
8. Accounts and records
9. Costs and expenses of Board
10. Protection from liability
11. Annual report of Board
12. Regulations
13. Administration of Act
14. Savings and transitional provisions
15. Legislation repealed
Schedule 1 Membership of Board
Schedule 2 Meetings of Board
Schedule 3 Legislation repealed
[Bill 47]-I
2
TASMANIAN COMMUNITY FUND BILL 2005
(Brought in by the Minister for Finance, the Honourable
James Glennister Cox)
A BILL FOR
An Act to provide for the continuation of the operation of
the Tasmanian Community Fund and the Tasmanian
Community Fund Board and for other purposes
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:
1. Short title
This Act may be cited as the Tasmanian
Community Fund Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Interpretation
In this Act, unless the contrary intention
appears
"Board" means the Tasmanian Community
Fund Board continued in existence under
section 6;
[Bill 47] 3
s. 4 No. Tasmanian Community Fund 2005
"Fund" means the Tasmanian Community
Fund continued in existence under
section 4;
"repealed Act" means the Trust Bank Sale
Act 1999.
4. Tasmanian Community Fund
(1) The Tasmanian Community Fund established
under the repealed Act continues in existence.
(2) Money standing immediately before the
commencement of this Act to the credit of the
fund established within the Special Deposits and
Trust Fund under the repealed Act stands to the
credit of the Fund.
(3) Any amounts determined in accordance with
section 5 are to be paid into the Fund each year
out of the Consolidated Fund without further
appropriation than this section.
5. Amounts to be paid into Fund
(1) The amount to be paid into the Fund in each
financial year is an amount that is equal to the
amount paid into the Fund in the previous
financial year indexed, in accordance with the
ratio of the most recent March quarter CPI figure
for Hobart, to the March quarter CPI figure for
Hobart in the preceding year.
(2) For the purposes of subsection (1)
"CPI figure for Hobart" means the
Consumer Price Index : All Groups Index
4
2005 Tasmanian Community Fund No. s. 6
Number for Hobart published by the
Australian Statistician under the authority
of the Census and Statistics Act 1905 of
the Commonwealth.
6. Tasmanian Community Fund Board
(1) The Tasmanian Community Fund Board
established under the repealed Act continues in
existence.
(2) The Board is to consist of not more than 6
persons appointed by the Governor on the
recommendation of the Minister.
(3) One of the persons appointed under
subsection (2) is to be appointed by the
Governor, on the recommendation of the
Minister, as chairperson.
(4) The Minister must not make a recommendation
to the Governor under subsection (2) unless he
or she has consulted with the Board.
(5) Schedule 1 has effect with respect to the
membership of the Board.
(6) Schedule 2 has effect with respect to the
meetings of the Board.
7. Functions of Board
(1) The functions of the Board are to
(a) provide grants out of the Fund for
community purposes as the Board thinks
fit; and
5
s. 7 No. Tasmanian Community Fund 2005
(b) manage the Fund, in any manner in
which the Board thinks fit, so as to
maximise the return earned on any
money standing to the credit of the Fund,
having regard to the need to
(i) provide grants out of the Fund;
and
(ii) exercise reasonable care and
prudence so as to maintain the
integrity of the Fund; and
(c) conduct its operations in an efficient,
effective and economical manner.
(2) For the purposes of subsection (1)(a), grants may
be made by the Board for
(a) charitable purposes; and
(b) sporting or recreational purposes; and
(c) cultural and arts purposes; and
(d) educational purposes; and
(e) religious purposes; and
(f) any other community purpose approved
by the Minister on the recommendation
of the Board.
(3) The Board may distribute, at its sole discretion,
the whole or any part of the balance standing to
the credit of the Fund.
(4) The Board may, at its sole discretion, resolve to
accumulate the whole or any part of the balance
standing to the credit of the Fund and to invest
the whole or any part of that balance, with the
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2005 Tasmanian Community Fund No. s. 8
intent that the accumulations are to be available
for subsequent distribution in future financial
years.
(5) In performing its functions and exercising its
powers, the Board must
(a) act honestly in all matters concerning the
Fund; and
(b) ensure that its functions and powers are
performed and exercised in the best
interests of the Tasmanian community.
(6) The Board may make arrangements with the
Secretary of the Department for persons
employed in the Department to be made
available to the Board to enable the Board to
perform its functions and exercise its powers
under this Act and those persons may, in
conjunction with State Service employment,
serve the Board in any capacity.
(7) Other than employing staff, the Board may do
anything necessary or convenient to perform its
functions.
8. Accounts and records
(1) The Board must ensure that proper accounts and
records are kept in relation to the transactions
and affairs of the Board.
(2) As soon as practicable after 30 June in each year,
the Board must prepare a statement of accounts,
in a form that complies with Australian
Accounting Standards, showing the true and
correct financial position of the Fund as at that
7
s. 9 No. Tasmanian Community Fund 2005
date and the transactions of the Fund in respect
of the period of 12 months ending on that date.
9. Costs and expenses of Board
(1) All costs and expenses associated with the
operation of the Board and the Fund are to be
met from the Fund.
(2) For the purposes of subsection (1), costs and
expenses include, but are not limited to
(a) remuneration of Board members; and
(b) investment expenses; and
(c) legal, accounting, advisory and taxation
expenses; and
(d) the use of the services of persons referred
to in section 7(6); and
(e) liability for any taxes; and
(f) any other costs and expenses approved
by the Minister in writing.
10. Protection from liability
A member of the Board does not incur any
personal liability in respect of any act done or
omitted to be done by the member in good faith
in the performance or exercise, or purported
performance or exercise, of any function or
power of the Board under this Act.
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2005 Tasmanian Community Fund No. s. 11
11. Annual report of Board
(1) The Board must, following the end of each
financial year, prepare an annual report
containing
(a) a report of its operations during the
financial year; and
(b) an audited statement of the financial
position of the Fund; and
(c) a statement of all grants made by the
Board from the Fund during the financial
year.
(2) The Board is to submit the annual report to the
Minister so as to enable the Minister, on or
before 31 October in each year, to cause copies
of the report to be laid before each House of
Parliament.
(3) If the Minister is unable to comply with
subsection (2) because either House of
Parliament is not sitting, the Minister must
(a) on 31 October following the end of the
financial year
(i) forward copies of the annual
report to the Clerk of that House;
and
(ii) make the annual report available
to the public; and
(b) within the next 7 sitting-days of that
House, cause copies of the annual report
to be laid before that House.
9
s. 12 No. Tasmanian Community Fund 2005
(4) If 31 October in any year is a Sunday or a day
that is a statutory holiday as defined in the
Statutory Holidays Act 2000 or a public holiday
throughout Tasmania, it is sufficient compliance
with this section if, on the next day that is not a
statutory holiday or a public holiday throughout
Tasmania, copies of the annual report are
(a) forwarded to the Clerk of the Legislative
Council and the Clerk of the House of
Assembly; and
(b) made available to the public.
12. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Minister or a person holding a
position specified in the regulations.
13. Administration of Act
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 Finance; and
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2005 Tasmanian Community Fund No. s. 14
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Treasury
and Finance.
14. Savings and transitional provisions
(1) A person holding office as a member of the
Tasmanian Community Fund Board under the
repealed Act immediately before the
commencement of this Act continues to hold that
office, unless he or she is removed from office or
vacates that office under this Act, for the
remainder of the period specified in his or her
instrument of appointment.
(2) The accounts and records kept by the Tasmanian
Community Fund Board under the repealed Act
that are in existence immediately before the
commencement of this Act are taken, on and
after that commencement, to be accounts and
records kept by the Board under this Act.
(3) All rights, obligations or liabilities acquired,
accrued or incurred by the Tasmanian
Community Fund Board under the repealed Act
that are subsisting immediately before the
commencement of this Act are, on and after that
commencement, taken to be rights, obligations
and liabilities acquired, accrued or incurred by
the Board under this Act.
(4) Any contract, agreement, deed, arrangement or
understanding entered into by the Tasmanian
Community Fund Board under the repealed Act,
if not executed, discharged or otherwise
terminated before the commencement of this
11
s. 15 No. Tasmanian Community Fund 2005
Act, is taken to be a contract, agreement, deed,
arrangement or undertaking entered into by the
Board under this Act.
(5) Any legal or other proceedings that might,
before the commencement of this Act, have been
continued or instituted by the Tasmanian
Community Fund Board under the repealed Act
may, on and after that commencement, be
continued or instituted by or against the Board
under this Act.
15. Legislation repealed
The legislation specified in Schedule 3 is
repealed.
12
2005 Tasmanian Community Fund No. sch. 1
SCHEDULE 1 MEMBERSHIP OF BOARD
Section 6(5)
1. Term of office
(1) A member of the Board is appointed for such
term not exceeding 3 years as is specified in his
or her instrument of appointment.
(2) A member of the Board is eligible for
reappointment from time to time for such term
not exceeding 3 years as is specified in his or her
instrument of appointment.
2. Provisions relating to members
Where, by or under any Act, provision is made
requiring the holder of an office to devote the
whole of his or her time to the duties of his or
her office, that provision does not operate to
disqualify him or her from holding that office
and also the office of a member of the Board.
3. Remuneration, &c., of members
(1) A member of the Board is to be paid such
remuneration, expenses and allowances as the
Governor may determine.
(2) The Governor may determine, in respect of a
member of the Board employed in an Agency,
within the meaning of the State Service Act
2000, that any payment of remuneration in
respect of that member is to be paid to that
Agency instead of to that member.
13
sch. 1 No. Tasmanian Community Fund 2005
4. State Service Act 2000 not to apply
The provisions of the State Service Act 2000 do
not apply to, or in respect of, the appointment of
a member of the Board, and a member of the
Board is not, in his or her capacity as such a
member, subject to the provisions of that Act
during his or her term of office.
5. Appointment of substitute to act during absence of
member of Board
(1) The Governor may appoint any person
(including a member of the Board other than the
chairperson of the Board) to act in the office of
the chairperson or appoint any person to act in
the office of a member of the Board other than
the chairperson while the chairperson or that
member of the Board, as the case may be, is
absent from his or her office through illness or
any other cause.
(2) A member of the Board other than the
chairperson is, for the purpose of subclause (1),
taken to be absent from his or her office if the
member is acting in the office of chairperson
pursuant to that subclause.
(3) A member of the Board is, for the purpose of
subclause (1), taken to be absent from his or her
office if there is a vacancy in that office which
has not been filled in accordance with clause 7.
(4) While a person is acting in the office of a
member of the Board, that person is taken to be a
member of the Board.
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2005 Tasmanian Community Fund No. sch. 1
6. Vacation of office
(1) The office of a member of the Board becomes
vacant
(a) when the member dies; or
(b) if the member becomes bankrupt, applies
to take the benefit of any law for the
relief of bankrupt or insolvent debtors,
compounds with his or her creditors or
makes an assignment of his or her
remuneration or estate for their benefit;
or
(c) if the member is absent from 3
consecutive ordinary meetings of the
Board of which reasonable notice has
been given to him or her, either
personally or in the ordinary course of
post, unless on leave granted by the
Minister or unless, before the expiration
of 3 weeks after the last of those
meetings, the member is excused by the
Minister for his or her absence from
those meetings; or
(d) if the member is convicted in the State of
a crime, or an offence, which is
punishable by imprisonment for a term of
not less than 12 months, or if the member
is convicted elsewhere than in the State
of an offence which, if committed in the
State, would be a crime, or an offence, so
punishable; or
(e) if the member resigns his or her office by
writing under his or her hand addressed
15
sch. 1 No. Tasmanian Community Fund 2005
to the Governor and the Governor
accepts the resignation; or
(f) if the member is removed from office by
the Governor under subclause (2).
(2) The Governor may remove from office a
member of the Board if
(a) the Governor is satisfied that the member
is unable to perform adequately or
competently the duties of his or her
office; or
(b) the member fails to disclose an interest
as required under clause 6 of Schedule 2.
(3) A member of the Board must not be removed
from office otherwise than in accordance with
subclause (2).
7. Filling of casual vacancies
On the occurrence of a vacancy in the office of a
member of the Board otherwise than by the
expiration of the term for which the member was
appointed, the Minister may, after consulting
with the Board, appoint a person to the vacant
office for the balance of the member's term of
office.
8. Validity of proceedings, etc.
(1) An act or proceeding of the Board or of any
person acting pursuant to any direction of the
Board is not invalidated or prejudiced by reason
only of the fact that, at the time when the act or
16
2005 Tasmanian Community Fund No. sch. 1
proceeding was done, taken or commenced,
there was a vacancy in the membership of the
Board.
(2) All acts and proceedings of the Board or of any
person acting pursuant to any direction of the
Board are, notwithstanding the subsequent
discovery of any defect in the appointment of
any member of the Board or that any person was
disqualified from acting as, or incapable of
being, a member of the Board, 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 Board had been fully
constituted.
9. Presumptions
In any matter proof is not required of
(a) the constitution of the Board; or
(b) any resolution of the Board; or
(c) the appointment of any member of the
Board; or
(d) the presence of a quorum at any meeting
of the Board.
17
sch. 2 No. Tasmanian Community Fund 2005
SCHEDULE 2 MEETINGS OF BOARD
Section 6(6)
1. Convening of meetings of Board
Meetings of the Board may be convened by the
chairperson of the Board or by any 3 members of
the Board.
2. Presiding at meetings
(1) The chairperson is to preside at all meetings of
the Board at which he or she is present.
(2) If the chairperson is not present at a meeting of
the Board, a member elected by the members
present is to preside at that meeting.
3. Quorum and voting at meetings
(1) Two thirds of the members of the Board form a
quorum at any meeting of the Board.
(2) Questions arising at a meeting of the Board are
to be determined by a majority of votes of the
members of the Board present and voting.
(3) In the event of an equality of votes, the
chairperson or other member presiding at a
meeting of the Board may exercise a second or
casting vote.
(4) At a meeting of the Board where a member is
excluded from being present and taking part in
the consideration and decision of the Board in
relation to a matter, a quorum for the purposes of
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2005 Tasmanian Community Fund No. sch. 2
considering and making a decision in relation to
the matter is constituted by the number of
members specified as constituting a quorum in
subclause (1) less the number of members so
excluded.
4. Telephone conferences, &c.
(1) The Board may permit members to participate in
a particular meeting, or all meetings, of the
Board by
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication
approved by the Board.
(2) A member who participates in a meeting under a
permission granted under subclause (1) is taken
to be present at the meeting.
5. Minutes
The Board is to keep minutes of its meetings.
6. Disclosure of interests
(1) If
(a) a member has an interest, pecuniary or
otherwise, in a matter being considered,
or about to be considered, by the Board;
and
19
sch. 2 No. Tasmanian Community Fund 2005
(b) the interest could conflict with the proper
performance of the member's duties in
relation to consideration of the matter
the member must, as soon as practicable after the
relevant facts come to the member's knowledge,
disclose the nature of the interest to the Board.
Penalty: Fine not exceeding 10 penalty units or
a term of imprisonment not exceeding
3 months, or both.
(2) A disclosure under subclause (1) is to be
recorded in the minutes of the meeting at which
the matter is considered and, unless the Board
otherwise determines, a member who makes a
disclosure under subclause (1) in respect of a
matter must not
(a) be present during any deliberation of the
Board in relation to the matter; or
(b) take part in any decision of the Board in
relation to the matter.
(3) For the purpose of making a determination under
subclause (2), the member to whom the
determination relates must not
(a) be present during any deliberation of the
Board for the purpose of making the
determination; or
(b) take part in making the determination.
7. General procedure
The procedure for the calling of, and for the
conduct of business at, meetings of the Board is,
20
2005 Tasmanian Community Fund No. sch. 2
subject to this Schedule, to be as determined by
the Board.
21
sch. 3 No. Tasmanian Community Fund 2005
SCHEDULE 3 LEGISLATION REPEALED
Section 15
Trust Bank Sale Act 1999 (No. 76 of 1999)
22 Government Printer, Tasmania