Tasmanian Numbered Acts

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SULLIVANS COVE WATERFRONT AUTHORITY ACT 2004 (NO. 60 OF 2004) - SCHEDULE 3

- Meetings of Authority
SCHEDULE 3 - Meetings of Authority

Section 8(6)

1.    Interpretation
In this Schedule –
member means a member of the Authority.
2.    Convening of meetings
(1) The chairperson of the Authority, after giving each member reasonable notice of a meeting –
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested to do so by 2 or more other members.
(2) If the chairperson of the Authority is absent from duty or otherwise unable to perform the duties of the office, a meeting may be convened, after reasonable notice of the meeting has been given, by –
(a) two or more other members; or
(b) a person authorised by the Authority to do so.
(3) For the purposes of subclauses (1) and (2) , what constitutes reasonable notice is to be determined by the Authority.
3.    Presiding at meetings
(1) The chairperson of the Authority is to preside at all meetings of the Authority at which he or she is present.
(2) If the chairperson is not present at a meeting of the Authority, a member elected by the members present at the meeting is to preside.
4.    Quorum and voting at meetings
(1) At a meeting of the Authority, a quorum is constituted by a majority of the total number of members appointed.
(2) A meeting of the Authority at which a quorum is present is competent to transact any business of the Authority.
(3) At a meeting of the Authority –
(a) the member presiding has a deliberative vote only; and
(b) a question is decided –
(i) by a majority of votes of the members present and voting; or
(ii) in the negative if there is an equality of votes of the members present and voting.
(4) At a meeting of the Authority where a member is excluded from being present and taking part in the consideration and decision of the Authority in relation to a matter, a quorum for the purposes of considering and making a decision in relation to the matter is constituted by the number of members specified as constituting a quorum in subclause (1) less the number of members so excluded.
5.    Conduct of meetings
(1) Subject to this Act, the Authority may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
(2) The Authority may permit members to participate in a particular meeting or all meetings by –
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved by the Authority.
(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.
(4) Without limiting subclause (1) , the Authority may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
6.    Resolutions without meetings
(1) If all members appointed sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Authority held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last of the members signs the document.
(2) If a resolution is taken to have been passed under subclause (1) , each member is to be –
(a) advised immediately of the matter; and
(b) given a copy of the terms of the resolution.
(3) For the purposes of subclause (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document.
7.    Minutes
The Authority is to keep accurate minutes of its meetings.
8.    Disclosure of interests
(1) If a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Authority, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Authority.
Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 3 months, or both.
(2) A disclosure under subclause (1) is to be recorded in the minutes of the Authority and, unless the Authority otherwise determines, the member who has made the disclosure must not –
(a) be present during any deliberation of the Authority in relation to the matter; or
(b) take part in any decision of the Authority in relation to the matter.
(3) For the purpose of making a determination under subclause (2) , the member to whom the determination relates must not –
(a) be present during any deliberation of the Authority for the purpose of making the determination; or
(b) take part in making the determination.
(4) Subclause (1) does not apply –
(a) in respect of a contract for services supplied by the Authority if those services are ordinarily supplied by the Authority and are supplied on the same terms as they are ordinarily supplied to other persons in the same situation; or
(b) in respect of an interest that arises only because the member is also a State Service officer or State Service employee.
9.    General procedure
Except as provided by this Act, the Authority may regulate its own proceedings.
10.    Presumptions
In any proceeding by or against the Authority, unless evidence is given to the contrary, proof is not required of –
(a) any resolution of the Authority; and
(b) the presence of a quorum at any meeting of the Authority.


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