• Specific Year
    Any

HISTORIC CULTURAL HERITAGE ACT 1995 - SCHEDULE 2 - Provisions with respect to meetings of Heritage Council

HISTORIC CULTURAL HERITAGE ACT 1995 - SCHEDULE 2

- Provisions with respect to meetings of Heritage Council

SCHEDULE 2 - Provisions with respect to meetings of Heritage Council

Section 6 (3)

1.    Convening of meetings
(1) The chairperson may convene an ordinary meeting of the Heritage Council.
(2) The chairperson or 3 other members may convene an extraordinary meeting of the Heritage Council.
2.    Notices of ordinary meetings
(1) The chairperson is to give at least 2 days' notice of any ordinary meeting.
(2) A notice is to be in writing and served on each member by hand or post at the usual place of residence or business of the member.
3.    Quorum at meetings
(1) The quorum at any duly convened meeting of the Heritage Council is 7 members.
(2) Any duly convened meeting of the Heritage Council at which a quorum is present is competent to transact any business of the Council.
(3) Business of the Heritage Council is not to be transacted at any meeting unless a quorum is present.
(4) If a quorum is not present at a meeting within 20 minutes after the time appointed for holding the meeting, the chairperson may adjourn the meeting.
4.    Chairperson
(1) The chairperson is to preside at the meetings of the Heritage Council.
(2) If the chairperson is not present at a meeting of the Heritage Council a member elected by the members present is to preside at that meeting.
5.    Resolutions
(1) A resolution for the transaction of business at a meeting of the Heritage Council is to be determined in the affirmative if it receives the support of the majority of the members present and voting at that meeting.
(2) A resolution or decision at a meeting of the Heritage Council may only be revoked or altered by a majority of the members present and voting at that meeting.
5A.    Resolutions outside of meetings
(1) If 7 members 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 Heritage Council 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) provided with 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.
6.    Disclosure of interests
(1) A member who has an actual or perceived interest in a matter being considered or about to be considered by the Heritage Council, as soon as possible after the relevant facts have come to that member's knowledge, must disclose the nature of that interest at a meeting of the Heritage Council.
(2) A disclosure is to be recorded in the minutes of the meeting of the Heritage Council and the member, unless the Heritage Council otherwise determines, must not –
(a) be present during any deliberation of the Heritage Council with respect to that matter; or
(b) take part in any decision of the Heritage Council with respect to that matter.
(3) For the purposes of making a determination under subclause (2) , a member who has an actual or perceived interest in the matter to which the disclosure relates must not take part in the making of the determination.
(4) For the purposes of this clause, an interest in a matter includes a direct or indirect interest in a matter, whether pecuniary or otherwise.
7.    Conduct at meetings
(1) Subject to this Schedule, the procedures for the calling of, and for the conduct of business at, meetings of the Heritage Council are as determined by the Heritage Council.
(2) The Heritage Council 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 Heritage Council.
(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.
8.    Presumptions
In any proceedings by or against the Heritage Council, unless evidence is given to the contrary, proof is not required of –
(a) the constitution of the Heritage Council; or
(b) the appointment of any member; or
(c) the presence of a quorum at any meeting of the Heritage Council; or
(d) any resolution of the Heritage Council.
9.    Validity of acts and proceedings
(1) An act or proceeding of the Heritage Council or of a person acting under the direction of the Heritage Council 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 Heritage Council.
(2) An act or proceeding of the Heritage Council or of a person acting under the direction of the Council is valid even if –
(a) the appointment of a member of the Heritage Council was defective; or
(b) a person appointed as a member of the Heritage Council was disqualified from acting as, or incapable of being, such a member.