Tasmanian Consolidated Acts Tasmanian Consolidated ActsSCHEDULE 2 - Meetings of Commission
1. Interpretation
In this Schedule –
"member" means a member of the Commission.
2. Convening of meetings
(1) Any member may convene a meeting of the Commission.
(2) The chairperson is to convene such meetings of the Commission as are necessary for the efficient conduct of its functions.
3. Presiding at meetings
(1) The chairperson of the Commission is to preside at all meetings of the Commission at which he or she is present.
(2) If the chairperson is not present at a meeting of the Commission, the Commissioner is to preside.
4. Quorum and voting at meetings
(1) Two members constitute a quorum at a meeting of the Commission.
(2) A meeting of the Commission at which a quorum is present is competent to transact any business of the Commission.
(3) The person presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also a casting vote.
5. Conduct of meetings
(1) Subject to this Act, the Commission may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
(2) The Commission may permit members to participate in a particular meeting or all meetings by –
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved by the Commission.
(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.
(4) Without limiting subclause (1), the Commission may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
6. Resolutions without meetings
(1) If all members appointed sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Commission held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last of the members signs the document.
(2) If a resolution is taken to have been passed under subclause (1), each member is to be –
(a) advised immediately of the matter; and
(b) given a copy of the terms of the resolution.
(3) For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document.
7. Minutes
The Commission is to keep accurate minutes of its meetings.
8. 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 Commission, 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 Commission.
Penalty:
Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 3 months, or both.
(2) The disclosure is to be recorded in the minutes of the Commission and, unless the Commission 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 Commission in relation to the matter; or
(b) take part in any decision of the Commission 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 Commission for the purpose of making the determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply in respect of an interest that arises only because the member is also a State Service officer or State Service employee.
9. General procedure
(1) Except as provided by this Act, the Commission may regulate its own proceedings.
(2) The Commission may inform itself on any matter in such manner as it thinks fit.
10. Presumptions
In any proceeding by or against the Commission, unless evidence is given to the contrary, proof is not required of –
(a) any resolution of the Commission; and
(b) the presence of a quorum at any meeting of the Commission.