TASIn ForceAct
Pharmacy Control Act 2001
SCHEDULE 1 - Provisions with rSCHEDULE 1 - Provisions with respect to membership of Authority
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# SCHEDULE 1 - Provisions with r SCHEDULE 1 - Provisions with respect to membership of Authority
[*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpa@EN)
[Section 7(6)](#GS7@Gs6@EN)
> **1. **Term of office****
>
> > > (1) A member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.
> >
> > > (2) [*\[Schedule 1 Amended by No. 80 of 2009, Sched. 1, Applied:07 Dec 2009\]*](/view/html/inforce/2009-12-07/act-2009-080#JS1@Ja8@GC1@EN) A member is eligible to serve any number of terms of office but may not serve more than 4 of those terms in succession.
> **2. **Holding other office****
>
> > The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –
> >
> > > > (a) holding that office and also the office of a member; or
> > >
> > > > (b) accepting any remuneration payable to a member.
> **3. **Remuneration of members****
>
> > A member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.
> **4. **Vacation of office****
>
> > > (1) A member vacates office if he or she –
> > >
> > > > > (a) dies; or
> > > >
> > > > > (b) resigns; or
> > > >
> > > > > (c) is removed from office under [subclause (2)](#JS1@GC4@Gc2@EN) or [(3)](#JS1@GC4@Gc3@EN) ; or
> > > >
> > > > > (d) ceases to be qualified for office by virtue of [subclause (4)](#JS1@GC4@Gc4@EN) .
> >
> > > (2) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpb@EN) The Minister may remove a member from office if the member –
> > >
> > > > > (a) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpc@EN) is absent from 3 consecutive meetings of the Authority without the permission of the other members of the Authority; 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 a period exceeding 12 months; or
> > > >
> > > > > (d) fails, without reasonable excuse, to comply with the obligation referred to in [clause 5](#JS2@GC5@EN) of [Schedule 2](#JS2@EN) ; or
> > > >
> > > > > (e) is convicted of an offence against this Act.
> >
> > > (3) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpd@EN) The Minister may remove a member from office if satisfied that the member is unable to perform the duties of office competently.
> >
> > > (4) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpe@EN) A member appointed under [section 7(1)(a)](#GS7@Gs1@Hpa@EN) vacates office if he or she ceases to be a pharmacist.
> **5. **Filling of vacancies****
>
> > [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpf@EN) If the office of a member becomes vacant, the Minister may appoint an appropriate person to the vacant office for the remainder of that member's term of office.
> **6. **Validity of proceedings, &c.****
>
> > > (1) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpg@EN) An act or proceeding of the Authority or of a person acting under the direction of the Authority is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Authority.
> >
> > > (2) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@EN) An act or proceeding of the Authority or of a person acting under the direction of the Authority is valid even if –
> > >
> > > > > (a) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpj@EN) the appointment of a member of the Authority was defective; or
> > > >
> > > > > (b) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpk@EN) a person appointed as a member of the Authority was disqualified from acting as, or incapable of being, such a member.
> >
> > > (3) [*\[Schedule 1 Amended by No. 47 of 2010, s. 52, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS52@Hpl@EN) This clause applies to the Authority acting in any capacity.