Tasmanian Consolidated Acts Tasmanian Consolidated Acts
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 Aboriginal Affairs; and
(b) the Department responsible to the Minister for Aboriginal Affairs in relation to the administration of this Act is the Department of Premier and Cabinet.
SCHEDULE 1 - Provisions with Respect to Membership of the Aboriginal Land Council of Tasmania
1. Interpretation
In this Schedule, "member" means a member of the Council.
2. Term of office
Subject to this Act, the term of office of a member is a period starting on the date of issue of a certificate of election by the Electoral Commissioner and ending on the date of issue of the next certificate of election.
3. Provisions requiring devotion of whole of time to other duties
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 office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member.
4. Remuneration
A member is entitled to be paid such remuneration and allowances as the Council determines.
5. Vacation of office
(1) A member vacates office if he or she –
(a) dies; or
(b) resigns; or
(c) is disqualified under section 37; or
(d) is removed from office under subclause (2).
(2) The Council may remove a member from office if the member –
(a) is absent from 2 consecutive meetings of the Council without the permission of the Council; or
(b) 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) is convicted in Tasmania or elsewhere of an offence punishable by imprisonment for 3 years or longer or a crime.
6. Filling of casual vacancies
(1) If a vacancy occurs in the office of a member, a recount of the votes cast is to be conducted in accordance with Schedule 8 to the Local Government Act 1993.
(2) If there are no consenting candidates, within the meaning of Schedule 8 to the Local Government Act 1993, a by-election is to be conducted by the Electoral Commissioner in such manner as is determined by the Electoral Commissioner.
(3) If a vacancy occurs more than 2 years and 6 months after the date of the previous election of all members –
(a) the Electoral Commissioner is not to carry out a recount unless the number of remaining members is not sufficient to constitute a quorum of the Council; and
(b) a by-election is not to be conducted by the Electoral Commissioner.
7. Validity of proceedings, &c.
All acts and proceedings of the Council or of any person acting pursuant to any direction of the Council are, notwithstanding the subsequent discovery of any defect in the election of any member of the Council or that any person was disqualified from acting as, or incapable of being, a member of the Council, as valid as if the member had been duly elected and was qualified to act as, or capable of being, a member, and as if the Council had been fully constituted.
8. Presumptions
In any proceedings by or against the Council, unless evidence is given to the contrary, no proof is required of –
(a) the constitution of the Council; or
(b) any resolution of the Council; or
(c) the appointment of any member of the Council; or
(d) the presence of a quorum at any meeting of the Council.