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