Tasmanian Consolidated Acts Tasmanian Consolidated ActsSCHEDULE 3 - Provisions with Respect to Membership and Meetings of State Library and Archives Trust
1. Interpretation
In this Schedule –
"Trust" means the State Library and Archives Trust established under section 16;
"appointed member" means a member of the Trust referred to in section 16(2)(b) or (c);
"member" means a member of the Trust.
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 of the Trust 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. 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 Council 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 Secretary or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Secretary for his absence from those meetings;
(d) . . . . . . . .
(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 Minister accepts the resignation; or
(h) if he is removed from office by the Minister under subclause (2).
(2) The Minister may remove an appointed member from office for misbehaviour or incompetence.
6. Filling of casual vacancies
On the occurrence of a vacancy in the office of an appointed member, the Minister may appoint a person to the vacant office for the balance of his predecessor's term of office.
7. Validity of proceedings, &c.
(1) No act or proceeding of the Trust or of any person acting pursuant to any direction of the Trust 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 Trust or of any person acting pursuant to any direction of the Trust 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 Trust had been fully constituted.
8. Presumptions
In any proceedings by or against the Trust, unless evidence is given to the contrary, no proof shall be required of –
(a) the constitution of the Trust;
(b) any resolution of the Trust;
(c) the appointment of any member; or
(d) the presence of a quorum at any meeting of the Trust.
9. Convening of meetings
The chairman of the Trust shall convene a meeting of the Trust not less than twice in each period of 12 months, or whenever required to do so by the Secretary.
10. Procedure at meetings
(1) Three members shall form a quorum at any duly convened meeting of the Trust.
(2) Any duly convened meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust.
(3) Questions arising at a meeting of the Trust shall be determined by a majority of votes of the members present and voting.
11. Chairman
(1) The chairman of the Trust shall preside at all meetings of the Trust at which he is present.
(2) If the chairman of the Trust is not present at a meeting of the Trust, a member elected by the members present shall preside at that meeting.
12. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Trust shall, subject to any procedure that is specified in this Schedule, be as determined by the Trust.