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Australian Heritage Council Bill 2000 [2001]

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1998-1999-2000

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

AUSTRALIAN HERITAGE COUNCIL BILL 2000

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for the Environment and Heritage, Senator the Hon. Robert Hill)

 

 

 

 



AUSTRALIAN HERITAGE COUNCIL BILL 2000

GENERAL OUTLINE

The objects of this Bill are to:

·         establish the Australian Heritage Council;

·         prescribe the functions of the Council in relation to the protection and conservation of heritage ; and

·         prescribe the composition of the Council and its requirements for meetings.

Establishment of the Council

The Bill prescribes the functions of the Council, which are to:

·         make assessments requested by the Minister in relation to the listing of places on the National Heritage List and the Commonwealth Heritage List ;

·         advise the Minister, on request, on specified matters relating to heritage; and

·         perform any other functions.

Composition of the Council

The Council consists of the Chair and 6 other members. The Bill also sets the requirements for appointing and terminating the appointment of Council members and sets out their terms and conditions of office.

Meetings of the Council

The Bill sets out requirements for the holding of Council meetings. It also includes requirements for dealing with disclosure of interests by Council members.

Acts replaced

This Bill is presented in conjunction with the Environment and Heritage Legislation Amendment Bill (No.2) 2000. When passed by Parliament, and the Acts have commenced operation, this legislation will replace the Australian Heritage Commission Act 1975 .

FINANCIAL IMPACT STATEMENT

The Australian Heritage Council Bill 2000 and the Environment and Heritage Legislation Amendment Bill (No.2) 2000 when they have been passed by Parliament and have commenced operation, will not cost the Commonwealth more than the existing legislative arrangements being replaced.

REGULATION IMPACT STATEMENT

A Regulation Impact Statement (RIS) is included in the Explanatory Memorandum for the Environment and Heritage Legislation Amendment Bill (No.2) 2000.  A separate RIS is not required for this Bill.

AUSTRALIAN HERITAGE COUNCIL BILL 2000

NOTES ON CLAUSES

PART 1 - PRELIMINARY

Clause 1 - Short Title

1          This clause provides for the Act to be cited as the Australian Heritage Council Act 2000.

Clause 2 - Commencement

2          This clause provides that the Act will commence at the same time as section 2 of the Environment and Heritage Legislation Amendment Act (No. 2) 2000 .

Clause 3 - Definitions

3          Subclause 3(1) defines the meaning within the Act of terms and expressions which are used.

PART 2 - ESTABLISHMENT OF THE COUNCIL

Clause 4 - Establishment

4          This clause establishes the Australian Heritage Council.

Clause 5 - Functions

5          The functions of the Council are specified in this clause.  The primary function of the Council is to undertake assessments and provide advice as requested by the Minister on conserving and protecting places included on or being considered for inclusion on the National Heritage List and the Commonwealth Heritage List.

PART 3 - CONSTITUTION OF THE COUNCIL

Clause 6 - Membership of the Council

6          This clause provides that the Council consists of the Chair and 6 other members.

Clause 7 - Appointment of members

7          This clause provides that the Minister appoints the Chair of the Council who is required to have experience or expertise concerning heritage. The Minister also appoints 6 other members of the Council who are required to have appropriate experience or expertise in various heritage fields.  In appointing Council members the Minister will endeavour to draw members from a range of States and Territories as far as this is reasonably possible.

Clause 8 - Term of office of members

8          This clause prescribes the term of office of Council members.

Clause 9 - Acting appointments

9          This clause allows the Minister to appoint a member of the Council to act as a Chair during a vacancy in the office of Chair or when the Chair is absent from duty or from Australia, or is for any other reason unable to perform the duties of the office.

Clause 10 - Outside employment or other activities that conflict with a member’s duties

10        This clause provides that a member of the Council must not engage in paid employment or any other activity that conflicts with the proper performance of the member’s duties.

Clause 11 - Remuneration and allowances of members

11        This clause deals with the remuneration and allowances to which Council members are entitled.

Clause 12 - Resignation

12        This clause provides that a Council member may resign his or her appointment in writing to the Minister.

Clause 13 - Termination of appointment of members

13        This clause sets out the circumstances under which the Minister may terminate a Council member’s appointment.

PART 4 - MEETINGS OF THE COUNCIL

Clauses 14 to 18 and Clause 20 - Times, places and conduct of meetings

14        These clauses specify the details about the meetings of the Council.

Clause 19 - Disclosure of interests

15        This clause obliges Council members to disclose pecuniary interest and sets out how members are to behave in relation to Council business relevant to these interests.

PART 5 -REGULATIONS

Clause 21 - Regulations

16        This clause enables the Governor-General to make regulations for the purposes of the Act.