38Appointment of officers for purposes of Act

38 Appointment of officers for purposes of Act

(1)  [Section 38 Subsection (1) amended by No. 55 of 2004, s. 66, Applied:01 Jul 2005] *[Section 38 Subsection (1) amended by No. 29 of 1994, s. 20 ]*The Authority may appoint any person employed by the Forestry corporation, any person employed by a body corporate which has an involvement in forest practices in Tasmania, or any person whom it regards as being suitably qualified, to be an officer for the purposes of this Act.

(2)  [Section 38 Subsection (2) amended by No. 25 of 2019, s. 22, Applied:07 Oct 2019] [Section 38 Subsection (2) amended by No. 55 of 2004, s. 66, Applied:01 Jul 2005] *[Section 38 Subsection (2) amended by No. 29 of 1994, s. 20 ]*Notwithstanding subsection (1) , a body corporate that is required by section 27 (1) to lodge a three-year plan with the Authority is, while it is operating under a three-year plan, entitled to have at least one suitably qualified person nominated by it appointed by the Authority to be an officer for the purposes of this Act and the Authority may appoint such a person under this subsection accordingly.

(2A)  [Section 38 Subsection (2A) inserted by No. 55 of 2004, s. 66, Applied:01 Jul 2005] However, the Authority may refuse to appoint a person nominated under subsection (2) as an officer for the purposes of this Act if the Authority, on reasonable grounds, is not satisfied that the nominee is a fit and proper person to be so appointed.

(2B)  [Section 38 Subsection (2B) inserted by No. 55 of 2004, s. 66, Applied:01 Jul 2005] The matters that the Authority may have regard to for the purposes of subsection (2A) include the following:

(a) [Section 38 Subsection (2B) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] whether the nominee has been convicted of an offence against the Forest Management Act 2013 or this Act;