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Part SCHEDULE 1 - Provisions with R - Libraries Act 1984 - SCHEDULE 1 - Provisions with Respect to Membership and Meetings of Tasmanian Library Advisory Board | Zoe

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Libraries Act 1984

SCHEDULE 1 - Provisions with RSCHEDULE 1 - Provisions with Respect to Membership and Meetings of Tasmanian Library Advisory Board

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SCHEDULE 1 - Provisions with R SCHEDULE 1 - Provisions with Respect to Membership and Meetings of Tasmanian Library Advisory Board

1. Interpretation

*[Schedule 1 Clause 1 amended by No. 14 of 1994, s. 26 ]*In this Schedule –

appointed member means a member of the Board referred to in paragraphs (a) to (c) of section 11 (2) ;

Board means the Tasmanian Library Advisory Board established under section 11 ;

member means a member of the Board.

2. Terms of office

(1) An appointed member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment.

(2) An appointed member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment.

3. Provisions relating to members

(1) Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member or from accepting and retaining any remuneration payable to a member under clause 4 .

(2) The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.

4. Remuneration of members

[Schedule 1 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed.

6. Vacation of office

[Schedule 1 Clause 6Subclause (3) substituted by No. 14 of 1994, s. 26 ][Schedule 1 Clause 6Subclause (4) inserted by No. 14 of 1994, s. 26 ][Schedule 1 Clause 6Subclause (5) inserted by No. 14 of 1994, s. 26 ]

(1) The office of an appointed member becomes vacant –

(a) when he dies;

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

(c) if he is absent from 3 consecutive ordinary meetings of the Board of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Minister or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Minister for his absence from those meetings;

(d) [Schedule 1 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] if he becomes unable to perform competently the duties of the office;

(e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment;

(f) if he is convicted of an offence against this Act;

(g) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation; or

(h) if he is removed from office by the Governor under subclause (2) .

(2) The Governor may remove an appointed member from office for misbehaviour or incompetence.

(3) [Schedule 1 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The Governor may remove from office a member referred to in section 11 (2) (b) if the Governor, on the advice of the Minister, is satisfied that the member is no longer qualified to represent the Local Government Association of Tasmania and the Governor may appoint a person nominated by the Minister, from a list of names submitted by that Association, to fill the office for the remainder of the term for which the member removed from office was appointed.

(4) [Schedule 1 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The Minister must not advise the removal of a member under subclause (3) except on the recommendation of the Local Government Association of Tasmania.

(5) The provisions of sections 11 (4) and (5) apply to a nomination under subclause (3) in the same manner as if it were a nomination under section 11 (2) (b) .