Tasmanian Consolidated Acts Tasmanian Consolidated Acts
The Acts specified in Schedule 6 are repealed.
SCHEDULE 1 - Provisions with Respect to Membership and Meetings of Tasmanian Library Advisory Board
1. Interpretation
In this Schedule –
"appointed member" means a member of the Board referred to in paragraphs (a) to (c) of section 11(2);
"Board" means the Tasmanian Library Advisory Board established under section 11;
"member" means a member of the Board.
2. Terms of office
(1) An appointed member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment.
(2) An appointed member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment.
3. Provisions relating to members
(1) Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member or from accepting and retaining any remuneration payable to a member under clause 4.
(2) The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.
4. Remuneration of members
Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed.
5. Appointment of substitute to act during absence of chairperson
(1) The Minister may appoint any person (including a member other than the chairperson) to act in the office of the chairperson or appoint any person to act in the office of a member other than the chairperson while the chairperson or that member, as the case may be, is absent from his office through illness or any other cause.
(2) A member other than the chairperson shall, for the purposes of subclause (1), be deemed to be absent from his office if he is acting in the office of the chairperson pursuant to subclause (1).
(3) A member shall, for the purposes of subclause (1), be deemed to be absent from his office if there is a vacancy in that office which has not been filled in accordance with clause 7.
(4) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorizing a person to act in the office of a member, and all things done or omitted to be done by that person while so acting shall be as valid, and shall have the same consequences, as if they had been done or omitted to be done by that member.
6. Vacation of office
(1) The office of an appointed member becomes vacant –
(a) when he dies;
(b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;
(c) if he is absent from 3 consecutive ordinary meetings of the Board of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Minister or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Minister for his absence from those meetings;
(d) if he becomes unable to perform competently the duties of the office;
(e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment;
(f) if he is convicted of an offence against this Act;
(g) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation; or
(h) if he is removed from office by the Governor under subclause (2).
(2) The Governor may remove an appointed member from office for misbehaviour or incompetence.
(3) The Governor may remove from office a member referred to in section 11(2)(b) if the Governor, on the advice of the Minister, is satisfied that the member is no longer qualified to represent the Local Government Association of Tasmania and the Governor may appoint a person nominated by the Minister, from a list of names submitted by that Association, to fill the office for the remainder of the term for which the member removed from office was appointed.
(4) The Minister must not advise the removal of a member under subclause (3) except on the recommendation of the Local Government Association of Tasmania.
(5) The provisions of sections 11(4) and (5) apply to a nomination under subclause (3) in the same manner as if it were a nomination under section 11(2)(b).
7. Filling of casual vacancies
On the occurrence of a vacancy in the office of an appointed member, the Governor may appoint a person to the vacant office for the balance of his predecessor's term of office.
8. Validity of proceedings, &c.
(1) No act or proceeding of the Board or of any person acting pursuant to any direction of the Board is invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a member.
(2) All acts and proceedings of the Board or of any person acting pursuant to any direction of the Board are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if that member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board had been fully constituted.
9. Presumptions
In any proceedings by or against the Board, unless evidence is given to the contrary, no proof shall be required of –
(a) the constitution of the Board;
(b) any resolution of the Board;
(c) the appointment of any member; or
(d) the presence of a quorum at any meeting of the Board.
10. Convening of meetings of the Board
Meetings of the Board may be convened by the chairperson of the Board or by any 3 members of the Board.
11. Procedure at meetings
(1) Seven members of the Board shall form a quorum at any duly convened meeting of the Board.
(2) Any duly convened meeting of the Board at which a quorum is present shall be competent to transact any business of the Board.
(3) A question arising at a meeting of the Board shall be determined by a majority of votes of the members of the Board present and voting, and in the event of an equality of votes, the matter stands adjourned to the next meeting of the Board at which, if there is an equality of votes, the matter shall be deemed to have passed in the negative.
12. Chairperson
(1) The chairperson of the Board shall preside at all meetings of the Board at which he is present.
(2) If the chairperson of the Board is not present at a meeting of the Board, a member of the Board elected by the members present shall preside at that meeting.
13. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Board shall, subject to any procedure that is specified in this Schedule, be as determined by the Board.