A member of the Commission is appointed for the period, of not more than 5 years, that is specified in the member's instrument of appointment and may be reappointed.
2. Holding other office
The holder of an office who is required by the terms by which he or she holds that office to devote the whole of his or her time to the duties of that office is not disqualified from –
(a) holding that office in conjunction with the office of a member of the Commission; or
(b) accepting any remuneration payable to a member of the Commission.
3. State Service Act 2000
(1) The State Service Act 2000 does not apply in relation to a member of the Commission in his or her capacity as such a member.
(2) A person may hold the office of member of the Commission in conjunction with State Service employment.
4. Remuneration and conditions of appointment
(1) A member of the Commission is entitled to be paid the remuneration and allowances that the Treasurer determines.
(2) A member of the Commission who is a State Service employee or 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 Commission holds office on the conditions, in relation to matters not provided for by this Act, that are specified in the member's instrument of appointment.
5. Vacation of office
(1) A member of the Commission vacates his or her office if he or she –
(a) dies; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit; or
(c) resigns his or her office by writing under his or her hand addressed to the Treasurer and the Treasurer accepts the resignation; or
(d) is removed from office by the Treasurer under subclause (2) .
(2) The Treasurer may remove a person from the office of member of the Commission if the Treasurer is satisfied that –
(a) the person is absent from that office –
(i) otherwise than in accordance with the person's instrument of appointment to that office; or
(ii) without the permission of the Treasurer; or
(b) the person is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term of 12 months or longer; or
(c) the person misbehaves in office or behaves in a way likely to bring the office into disrepute; or
(d) if the person were to be or remain a member of the Commission, the Commission would not meet the requirements of standards, relating to fitness and propriety, that are applicable to trustees and are prescribed in the relevant prudential standards made under the SIS Act; or
(e) the person is unable to adequately perform the functions of his or her office; or
(f) the Commission ought to be a corporation sole.
6. Filling of vacancies
If the office of a member of the Commission becomes vacant, the Treasurer may appoint a person to the vacant office for the remainder of that member's term of office or until the office is vacated.
7. Validation of proceedings
(1) An act or proceeding of the Commission or of a person acting under any direction of the Commission is not invalidated by reason only that, when the act or proceeding was done, taken or commenced, there was a vacancy in the office of a member of the Commission.
(2) All acts and proceedings of the Commission or of a person acting under a direction of the Commission are, despite –
(a) the subsequent discovery of a defect in the appointment of a member of the Commission; or
(b) that any other person was disqualified from acting as, or incapable of being, a member of the Commission –
as valid as if the member of the Commission had been duly appointed and was qualified to act as, or capable of being, a member of the Commission, and as if the Commission had been fully constituted.
8. Presumptions
In any proceedings by or against the Commission, unless evidence is given to the contrary, proof is not required of –
(a) the constitution of the Commission; or
(b) the appointment of any member of the Commission.