Tasmanian Consolidated Acts Tasmanian Consolidated ActsSCHEDULE 1 - Provisions with respect to membership and meetings of committee
1. Interpretation
In this Schedule –
"member" means a member of the Committee.
2. Terms and conditions of office of members
(1) A member –
(a) is to be appointed for such period, not exceeding 3 years, as the Minister thinks fit and is to hold and vacate office in accordance with the terms of his or her appointment or reappointment; and
(b) may be removed from office by the Minister by notice in writing addressed and delivered to that member; and
(c) may at any time resign his or her office by notice in writing addressed and delivered to the Minister.
(2) A member is entitled to be paid such allowances as the Minister determines.
(3) A member who is a State Service officer or State Service employee is not entitled to allowances under this clause except with the approval of the Minister administering the State Service Act 2000.
(4) The terms and conditions of office of a member, with respect to matters not provided for in this Schedule, are as determined by the Minister.
3. Appointment of substitute to act during absence of member
If a member is unable for any reason to carry out his or her duties as such a member for any period, the Minister may appoint a person who, in his or her opinion, is suitably qualified to act in place of that member during that period, and that person is, for that period, taken to be a member to act in the place of that member during that period.
4. Vacation of office
(1) A member vacates office if he or she –
(a) dies; or
(b) resigns by written notice given to the Minister; or
(c) is removed from office under subclause (2) or (3).
(2) The Minister may remove a member from office if the member –
(a) is absent from 3 consecutive meetings of the Committee without the permission of the other members of the 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 a fine of 300 penalty units or more; or
(d) is convicted of an offence under this Act; or
(e) fails to disclose a pecuniary interest as required under clause 10.
(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.
5. Filling of vacancies
If the office of a member becomes vacant, the Minister may appoint a person who the Minister considers represents the interests of consumers to the vacant office for the remainder of that member's term of office.
6. Convening of meetings
Meetings of the Committee may be convened by the chairperson of the Committee or by any 2 or more members.
7. Quorum
At a meeting of the Committee, a quorum is constituted by a majority of the total number of members appointed.
8. Presiding at meetings
(1) The chairperson of the Committee is to preside at all meetings of the Committee at which he or she is present.
(2) If the chairperson of the Committee is not present at a meeting of the Committee, a member elected by the members present is to preside at that meeting.
9. Decision of meeting
A decision carried by a majority of the votes of the members present at a meeting of the Committee is a decision of the Committee.
10. Disclosure of interests
(1) If a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Committee, 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 Committee.
Penalty:
Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 3 months, or both.
(2) Unless the Committee otherwise determines, a member who has made a disclosure under subclause (1) in relation to a matter must not –
(a) be present during any deliberation of the Committee in relation to the matter; or
(b) take part in any decision of the Committee 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 Committee for the purpose of making the determination; or
(b) take part in making the determination.
11. Power of Committee to regulate its own procedure
Subject to this section, the Committee may determine the procedure for the calling of meetings of the Committee and for the conduct of business at those meetings.