australian-heritage-council-act-2003.pdf, p.1
Includes amendments up to Act No. 86, 2018
1 July 2019
Compilation information and notes on amendments.
australian-heritage-council-act-2003.pdf, p.5
1 Short title
1 Section 1
1 January 2004
australian-heritage-council-act-2003.pdf, p.21
Requires items 11 and 13 in Schedule 1 (item 840) to be included.
Amendment history for Australian Heritage Council Act 2003
1 July 2019 (s 2(1)
australian-heritage-council-act-2003.pdf, p.10
Member cannot engage in paid employment or activities that conflict with duties.
10 Outside employment or other activities that conflict with a
10A No conflict with a member’s duty
does not conflict with proper performance of a member's duties
australian-heritage-council-act-2003.pdf, p.11
11 Remuneration and allowances of members
Member must be paid remuneration determined by the Remuneration Tribunal or prescribed.
11(1) Remuneration and allowances of members
Member must be paid prescribed allowances.
11(2) Remuneration and allowances of members
Subject to the Remuneration Tribunal Act 1973.
11(3) Remuneration and allowances of members
Member must provide written resignation to Minister.
12 Resignation
12 Dec
Member must provide written resignation.
Termination of appointment for various reasons
13 Termination of appointment of members
australian-heritage-council-act-2003.pdf, p.13
14 Times and places of meetings
The Council must hold meetings as necessary for the efficient performance of its functions.
14(1) Times and places of meetings
Meetings must be held at determined times and places.
14(2) Times and places of meetings
...at the times and places determined by the Council.
Chair must call a meeting if requested by majority of members.
14(3) Times and places of meetings
Request from majority of members contains the temporal interval for Chair to call a meeting.
Majority of members request Chair to call a meeting.
Request from majority of members implies that Chair must call a meeting.
Request from majority of members contains the temporal interval for CogAI's knowledge about Chair calling a meeting.
Request from majority of members contains the temporal interval for diffusion of information about Chair calling a meeting.
Minister may direct Chair to call a meeting at any time.
14(4) Times and places of meetings
Ensure at least 4 meetings are held each year.
14(5) Times and places of meetings
At least 4 meetings must be held each year.
The Chair must ensure that at least 4 meetings are held each year.
Entitlement to reasonable notice of meetings
15 Notice of meetings
16 Who presides at meetings
Chair presides at meetings when present.
16(1) Who presides at meetings
Members may elect a member to preside at the meeting.
16(2) Who presides at meetings
A majority of members constitutes a quorum.
17 Quorum
australian-heritage-council-act-2003.pdf, p.14
18 Voting at meetings
Majority vote required for decision at meetings
18(1) Voting at meetings
(1) A question is decided by a majority of the votes...
The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.
18(2) Voting at meetings
The person presiding has the obligation to have a deliberative vote.
19 Disclosure of interests
Member must disclose pecuniary interest in a matter being considered by the Council.
19(1) Disclosure of interests
Member must disclose pecuniary interest.
Member must disclose interests as soon as possible after knowledge.
19(2) Disclosure of interests
Member's knowledge triggers disclosure obligation.
Member cannot participate in Council deliberation or decision on matter.
19(3) Disclosure of interests
(b) must not take part in any decision of the Council on the matter.
(a) must not be present during any deliberation by the Council on the matter;
Member cannot be present during deliberation or take part in making determination.
19(4) Disclosure of interests
(b) must not take part in making the determination.
Prohibition of presence during deliberation or participation in making determination.
(a) must not be present during any deliberation of the Council on whether to make the determination;
2 Commencement
Commences at the same time as Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2003
2 Section 2
The Council may regulate proceedings at its meetings as it considers appropriate.
20 Conduct of meetings
australian-heritage-council-act-2003.pdf, p.15
20A Resolutions without meeting
The Council may pass a resolution without a meeting being held if a majority of members are in favour.
20A(1) Resolutions without meeting
Separate copies of a document may be used for signing by the members if the wording is identical in each copy.
20A(2) Resolutions without meeting
Permission to use separate copies of a document for signing.
Last member's signature indicates favourability.
20A(3) Resolutions without meeting
23 September
Conditional commencement of s 3–25 on 1 Jan 2004 and remainder on 23 Sept 2003
23 Sept
24 Aug
australian-heritage-council-act-2003.pdf, p.16
24A Reports
The Council must prepare a report on matters related to its functions.
24A(1) Reports
Matters that a report prepared under subsection (1) may include.
24A(2) Reports
Minister must provide report to each House of Parliament within 15 sitting days.
24A(3) Reports
australian-heritage-council-act-2003.pdf, p.17
Governor-General may make regulations for carrying out or giving effect to the Act.
25 Regulations
Regulations for carrying out or giving effect to the Act.
australian-heritage-council-act-2003.pdf, p.6
3 Definitions
3(1) Definitions
Associate member means a person holding an appointment under subsection 7(4).
Meet the registration criterion has the meaning given by subsection 22(2).
Council means the Australian Heritage Council established under section 4.
Member includes the Chair and an associate member.
Same meaning as in Environment Protection and Biodiversity Conservation Act 1999
3(2) Definitions
australian-heritage-council-act-2003.pdf, p.7
Establishs the Australian Heritage Council.
4 Establishment
5 Functions
australian-heritage-council-act-2003.pdf, p.9
6 Membership of the Council
7 Appointment of members
The Minister must appoint members of the Council by written instrument.
7(1) Appointment of members
substantial experience or expertise concerning heritage
7(2) Appointment of members
Ensure experience and expertise in natural, historic, and indigenous heritage
7(3) Appointment of members
(3) In appointing the members other than the Chair and associate members, the Minister must ensure that:
(a) 2 of them have substantial experience or expertise concerning natural heritage; and (b) 2 of them have substantial experience or expertise concerning historic heritage; and
Recognition of indigenous heritage experts
(c) 2 of them are indigenous persons with substantial experience or expertise concerning indigenous heritage, at least one of whom represents the interests of indigenous people.
The Minister may appoint associate members.
7(4) Appointment of members
Minister cannot appoint certain employees as Chair or member.
7(5) Appointment of members
(5) The Minister may not appoint as the Chair or as a member, other than as an associate member, an employee of the Department administered by the Minister.
8 Term of office of members
Member must be appointed on a part-time basis.
8(1) Term of office of members
Obligation to appoint member on a part-time basis.
Member must hold office for specified period.
8(2) Term of office of members
The member must hold office for the specified period.
(2) A member holds office for the period specified in the instrument of appointment.
Member cannot be appointed for more than 2 consecutive periods.
8(3) Term of office of members
The duration of a term overlaps with a maximum of 2 consecutive periods.
(3) A member cannot be appointed for more than 2 consecutive periods.
The provision implies that a member's term is limited to a maximum of 2 consecutive periods.
Analyzes the implications of the provision
A member cannot be appointed for more than 2 consecutive periods.
The appointment process is impacted by the limitation on multiple appointments.
The repetition of appointments is limited to a maximum of 2 consecutive periods.
The Minister may appoint a member to act as Chair.
9 Acting appointments
An Act to establish the Australian Heritage Council, and for related purposes
Australian Heritage Council Act 2003