[Schedule 4 Amended by No. 54 of 2004, s. 32, Applied:01 Mar 2005] A member of the Board is appointed for such term, not exceeding 3 years, as is specified in the instrument of the member's appointment and shall, if otherwise qualified, be eligible for re-appointment from time to time for a term, not exceeding 3 years, specified in the instrument of the member's re-appointment.
2. Provisions relating to members
Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of that person's time to the duties of that person's office, that provision shall not operate to disqualify that person from holding that office and also the office of a member of the Board.
(1) If a member of the Board is absent from, or is unable to perform the functions of, the office of member, the Minister may appoint another person to act in the place of that member on the Board.
(1) A member of the Board is entitled to be paid such remuneration and allowances as the Minister determines.
(2) A member of the Board who is a State Service employee or a State Service officer is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .
(3) A member of the Board 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.
(2) The Minister may remove a member of the Board from office if the member –
(a) is absent from 3 consecutive meetings of the Board without the permission of the other members of the Board unless the member –
(i) is on leave granted by the Minister; or
(ii) is excused by the Minister for the member's absence from those meetings within 3 weeks after the last of those meetings; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or
(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or
(d) has benefited from, or has claimed to be entitled to benefit from, the profit of, or any benefit arising from, any contract, agreement or arrangement made by or on behalf of the Board, other than a contract, agreement or arrangement for a service ordinarily supplied by the Board on the same terms as that service is supplied to other persons in the same situation; or
(e) fails to disclose an interest as required under clause 3 of Schedule 5 except where the member's interest is as –
(i) a member of the public; or
(ii) an elector of, or ratepayer to, any municipality; or
(iii) a shareholder in a company in which there were at that time more than 20 members and of which the member was not at that time a director or officer.
(3) The Minister may remove a member of the Board from office if satisfied that the member is unable to perform adequately or competently the duties of office.
(4) A member of the Board must not be removed from office otherwise than in accordance with this clause.
7. Filling of casual vacancies
[Schedule 4 Amended by No. 54 of 2004, s. 32, Applied:01 Mar 2005] On the occurrence of a vacancy in the office of a member of the Board otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to the vacant office for the balance of the member'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 membership of the Board.
(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 of the Board or that any person was disqualified from acting as, or incapable of being, a member of the Board, 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, no proof shall be required of –
(a) the constitution of the Board; or
(b) any resolution of the Board; or
(c) the appointment of any member of the Board; or
(d) the presence of a quorum at any meeting of the Board.