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PUBLIC RECORDS ACT 1973 - SECT 4 Public Records Advisory Council

PUBLIC RECORDS ACT 1973 - SECT 4

Public Records Advisory Council

S. 4(1) substituted by No. 29/1986 s. 4(1).

    (1)     There shall be a Public Records Advisory Council.

S. 4(1A) inserted by No. 29/1986 s. 4(1).

    (1A)     The Council shall consist of not more than ten members appointed by the Minister of whom—

S. 4(1A)(a) amended by No. 29/1994 s. 77(1)(a).

        (a)     one shall be the Department head or his or her nominee; and

        (b)     the remaining members shall be persons with knowledge of or experience in any of the following areas—

              (i)     public administration;

              (ii)     local government;

              (iii)     the management of records;

S. 4(1A)(b)(iv) substituted by No. 29/1994 s. 77(1)(b).

              (iv)     business administration and finance;

              (v)     historical research;

              (vi)     genealogical research;

              (vii)     any area considered by the Minister to be a relevant area for the purposes of this subsection.

S. 4(1B) inserted by No. 29/1986 s. 4(1).

    (1B)     A member of the Council may, subject to the Minister's approval, choose a nominee to represent that member at meetings of the Council where the member is absent.

S. 4(1C) inserted by No. 29/1986 s. 4(1)

    (1C)     The Council may appoint sub-committees consisting of two or more members of the Council.

S. 4(2) amended by Nos 29/1986 s. 4(2), 29/1994 s. 77(2).

    (2)     The Minister shall appoint one of the members to be President of the Council [1] .

S. 4(3) amended by No. 29/1986 s. 4(2).

    (3)     The Minister may remove any member of the Council from office.

    (4)     Subject to this section a member of the Council—

        (a)     shall hold office for the period (not exceeding three years) and subject to the terms and conditions specified in his instrument of appointment; and

        (b)     shall be eligible for re-appointment.

S. 4(4A) inserted by No. 29/1994 s. 77(3).

    (4A)     A person who has been a member of the Council for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless [2]

        (a)     the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or

        (b)     a period of 3 years or more has elapsed since the person last was a member of the Council.

    (5)     The office of a member of the Council shall become vacant—

        (a)     at the expiration of his term of office;

        (b)     if he dies;

S. 4(5)(c) amended by No. 29/1994 s. 77(4)(a).

        (c)     if he is removed from office by the Minister;

S. 4(5)(d) amended by No. 29/1994 s. 77(4)(b).

        (d)     if he resigns in writing under his hand addressed to the Minister; or

        (e)     if without leave granted by the Council he fails to attend three successive meetings of the Council.

S. 4(6) substituted by No. 29/1986 s. 4(3).

    (6)     A quorum of the Council shall consist of not less than half the members of the Council.

    (7)     Subject to this Act the Council may regulate its own proceedings.

S. 4(8) amended by No. 29/1994 s. 77(5).

    (8)     Each member of the Council shall be entitled to the travelling expenses and fees (if any) prescribed.

S. 4A

inserted by No. 29/1994

s. 78.