SCHEDULE 1 - Membership of Poppy Advisory and Control Board

Section 59B(5)

1.    Interpretation

In this Schedule –

Board means the Poppy Advisory and Control Board established under section 59H ;

member means a member of the Board;

Minister means the Minister having the administration of Part VB .

2.    Term of appointment

A member appointed under section 59H(2)(f) is to be appointed for a period, not exceeding 5 years, specified in the member’s instrument of appointment.

3.    Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; and

(b) accepting any remuneration payable to a member.

4.    State Service Act 2000 not to apply

(1) The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.

(2) A person may hold the office of member in conjunction with State Service employment.

5.    Remuneration and other conditions

(1) A member is entitled to be paid such remuneration and allowances as the Minister determines.

(2) A member who is a State Service officer or State Service employee is not entitled to remuneration or allowances under subclause (1) except with the approval of the Minister administering the State Service Act 2000 .

(3) A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.

6.    Vacation of office

(1) A member appointed under section 59H(2)(f) vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) .

(2) The Minister may remove from office a member appointed under section 59H(2)(f) if the member –

(a) is absent from 2 consecutive meetings of the Board without the Board’s permission; or

(b) 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

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any remuneration or estate for their benefit; or

(d) is unable to perform adequately or competently the duties of his or her office.

7.    Filling of vacancies

(1) If the office of a member appointed under section 59H(2)(f) becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member’s term of office.

(2) If a member appointed under section 59H(2)(f) is unable for any reason to perform the functions of a member, the Minister may appoint a suitable person to act in the office of that member for a period determined by the Minister.

8.    Validity of proceedings

(1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalidated 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 Board.

(2) All acts and proceedings of the Board or of a person acting under a direction of the Board are, despite the subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or incapable of being, a member, as valid as if the 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, proof is not required of –

(a) the constitution of the Board; or

(b) any resolution of the Board; or

(c) the appointment or nomination of any member; or

(d) the presence of a quorum at any meeting of the Board.