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ANIMAL WELFARE ACT 1993 - SCHEDULE 1 - Provisions with Respect to Members of Advisory Committee

ANIMAL WELFARE ACT 1993 - SCHEDULE 1

- Provisions with Respect to Members of Advisory Committee

SCHEDULE 1 - Provisions with Respect to Members of Advisory Committee

Section 39 (7)

1.    Interpretation
In this Schedule, member means a member of the Advisory Committee or the deputy of a member.
2.    Term of office
A member other than a member referred to in section 39 (1) (b) or (c) is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.
3.    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 a member; or
(b) accepting any remuneration payable to a member.
4.    Remuneration of members
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister determines.
5.    Vacation of office
(1) A member vacates office if he or she –
(a) dies; or
(b) resigns; or
(c) is removed from office under subclause (2) , (3) or (4) .
(2) The Minister may remove a member from office if the member –
(a) is absent from 2 consecutive meetings of the Advisory Committee without the permission of the other members of the Advisory Committee; 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) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or
(d) is convicted of an offence against this Act.
(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.
(4) The Minister may remove a member from office if –
(a) satisfied, having regard to the information supplied by the body which nominated that member, that the member is no longer qualified to be a member of the Advisory Committee; or
(b) that body recommends the removal of that member.
(5) The appointment of any deputy of a member terminates if that member is removed from office pursuant to subclause (4) .
6.    Filling of vacancies
If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.
7.    Validity of proceedings
(1) An act or proceeding of the Advisory Committee or of a person acting under the direction of the Advisory Committee 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 Advisory Committee.
(2) An act or proceeding of the Advisory Committee or of a person acting under the direction of the Advisory Committee is valid and has effect, even if –
(a) the appointment of a member of the Advisory Committee was defective; or
(b) a person appointed as a member of the Advisory Committee was disqualified from acting as, or incapable of being, such a member.
8.    Presumptions
In any proceedings by or against the Advisory Committee, unless evidence is given to the contrary, proof is not required of –
(a) the constitution of the Advisory Committee; or
(b) any resolution of the Advisory Committee; or
(c) the appointment of any member; or
(d) the presence of a quorum at any meeting of the Advisory Committee.