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TASMANIA
__________
THEATRE ROYAL MANAGEMENT AMENDMENT
BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 substituted
5. Constitution of Board
5A. Objectives of Board
6. Section 6 amended (Powers and functions of Board)
7. Schedules 2 and 3 inserted
Schedule 2 Membership of Board
Schedule 3 Meetings of Board
[Bill 27]-IX
2
THEATRE ROYAL MANAGEMENT AMENDMENT
BILL 2006
(Brought in by the Minister for Tourism, Arts and the
Environment, the Honourable Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Theatre Royal Management Act 1986
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 Theatre Royal
Management Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Theatre Royal Management Act
1986* is referred to as the Principal Act.
*No. 17 of 1986
[Bill 27] 3
Theatre Royal Management Amendment Act 2006
Act No. of
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4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "Board":
"appointed member" means a
member of the Board appointed
under section 5(1)(a) or (b);
(b) by inserting the following definition after
the definition of "Director-General":
"member" means a member of the
Board;
5. Section 5 substituted
Section 5 of the Principal Act is repealed and the
following sections are substituted:
5. Constitution of Board
(1) The Board consists of 7 persons
(a) one of whom is appointed by the
Minister as 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
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Theatre Royal Management Amendment Act 2006
Act No. of
s. 5
(c) one of whom is the Secretary of
the Department or his or her
delegate.
(2) An appointed member of the Board is
appointed for the period, not exceeding 3
years, specified in his or her instrument
of appointment.
(3) An appointed member of the Board is
eligible for re-appointment under
subsection (2).
(4) Schedule 2 has effect with respect to the
membership of the Board.
(5) Schedule 3 has effect with respect to
meetings of the Board.
5A. Objectives of Board
The Board has the following objectives:
(a) to enable the provision to the
community of culturally
enriching performing arts;
(b) to provide entertaining,
educational or thought-provoking
live performances;
(c) to promote the profile of the
Theatre Royal as a contemporary
and historic performing arts
venue;
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Theatre Royal Management Amendment Act 2006
Act No. of
s. 6
(d) to assist the development of local
technical, production and
performance skills;
(e) to operate the Theatre Royal as a
venue for hire;
(f) to assist to define the strategic
asset maintenance needs of the
Theatre Royal in keeping with its
heritage values.
6. Section 6 amended (Powers and functions of Board)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d)
"functions." and substituting
"functions;";
(b) by inserting the following paragraphs
after paragraph (d):
(e) to develop strategic and business
plans to meet the obligations of
Australian and Tasmanian arts
funding agencies;
(f) to enter into cooperative
arrangements with production
organisations and groups;
(g) to sublease parts of the Theatre
Royal buildings;
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Theatre Royal Management Amendment Act 2006
Act No. of
s. 7
(h) to hire a Chief Executive Officer
with specified responsibilities and
to hire and second staff as needed
for the Theatre Royal.
7. Schedules 2 and 3 inserted
After Schedule 1 to the Principal Act, the
following Schedules are inserted:
SCHEDULE 2 MEMBERSHIP OF BOARD
Section 5(4)
1. 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 an appointed member;
or
(b) accepting any remuneration
payable to an appointed member.
2. Remuneration of members
An appointed member is entitled to be
paid such remuneration, including
travelling and subsistence allowances, as
the Minister determines.
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Theatre Royal Management Amendment Act 2006
Act No. of
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3. Vacation of office
(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).
(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 a
term of 12 months or longer, or
elsewhere of any crime or offence
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Theatre Royal Management Amendment Act 2006
Act No. of
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which, if committed in Tasmania,
would be punishable by
imprisonment for a term of 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.
4. Filling of vacancies
(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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Act No. of
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5. Validity of proceedings
(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.
SCHEDULE 3 MEETINGS OF BOARD
Section 5(5)
1. Convening of meetings
A meeting of the Board may be convened
by the Chairperson or by any 2 members.
2. Procedure at meetings
(1) The quorum at any meeting of the Board
is 4 members.
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(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.
3. Chairperson
(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.
4. Minutes
The Board is to keep accurate minutes of
its meetings.
5. Disclosure of interest
(1) A member is to disclose at a meeting of
the Board any financial interest in a
matter being considered by the Board.
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(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.
6. General procedures
(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.
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Act No. of
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(3) A member who participates in a meeting
under a permission granted under
subclause (2) is taken to be present at the
meeting.
(4) The Board may allow a person to attend
a meeting for the purpose of advising or
informing it on any matter.
Government Printer, Tasmania 13