Sch 1Membership and procedure of Class B cemetery trusts

Schedule 1—Membership and procedure of Class B cemetery trusts

Sch. 1 cl. 1 (Heading) amended by No. 61/2009 s. 22(2)(a).

1 Terms of appointment of Class B cemetery trust members

Sch. 1 cl. 1(1) amended by No. 61/2009 s. 22(2)(b).

(1) A member of a Class B cemetery trust holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.

Sch. 1 cl. 1(2) amended by No. 61/2009 s. 22(2)(b).

(2) A member of a Class B cemetery trust is eligible for re-appointment.

Sch. 1 cl. 1(3) amended by No. 61/2009 s. 22(2)(b).

(3) The instrument of appointment of a member of a Class B cemetery trust may specify terms and conditions of appointment.

Sch. 1 cl. 1(4) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 27.2) (as amended by No. 20/2005 s. 50(1)), 80/2006 s. 26(Sch. item 9).

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.

Sch. 1 cl. 2 (Heading) amended by No. 61/2009 s. 22(2)(c).

2 Chairperson of Class B cemetery trust

Sch. 1 cl. 2(1) amended by No. 61/2009 s. 22(2)(d).

(1) The members of a Class B cemetery trust must appoint one of the members to be chairperson.

Sch. 1 cl. 2(2) amended by No. 61/2009 s. 22(2)(d).

(2) A person appointed as chairperson of a Class B cemetery trust—

(a) holds that office for the period not exceeding 5 years, as determined by the Class B cemetery trust; and

(b) is eligible for re-appointment.

Sch. 1 cl. 2(3) amended by No. 61/2009 s. 22(2)(d).

(3) A person appointed as chairperson ceases to hold that office on ceasing to be a member of the Class B cemetery trust.

3 Resignation and removal of members

Sch. 1 cl. 3(1) amended by No. 61/2009 s. 22(2)(d).

(1) A member of a Class B cemetery trust may resign the office of member by writing signed by the member and addressed to the Minister.

Sch. 1 cl. 3(2) amended by No. 61/2009 s. 22(2)(d).

(2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of a Class B cemetery trust from office.

Sch. 1 cl. 4 (Heading) amended by No. 61/2009 s. 22(2)(e).

Sch. 1 cl. 4 amended by No. 61/2009 s. 22(2)(f).

4 Vacancies in membership of Class B cemetery trusts

If a member of a Class B cemetery trust dies, resigns or is removed from office, the Governor in Council, in accordance with this Act, may fill the vacant office.