Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SCHEDULE 1

MEMBERSHIP AND PROCEDURE OF CLASS B CEMETERY TRUSTS

1. Terms of appointment of Class B cemetery trust members





(1) A member of a Class B cemetery trust holds office for the period, not
exceeding 5 years, specified in the instrument of his or her appointment.

(2) A member of a Class B cemetery trust is eligible for re-appointment.



(3) The instrument of appointment of a member of a Class B cemetery trust may
specify terms and conditions of appointment.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies
to a member in respect of the office of member.







2. Chairperson of Class B cemetery trust





(1) The members of a Class B cemetery trust must appoint one of the members to
be chairperson.



(2) A person appointed as chairperson of a Class B cemetery trust-

   (a)  holds that office for the period not exceeding 5 years, as determined
        by the Class B cemetery trust; and

   (b)  is eligible for re-appointment.

(3) A person appointed as chairperson ceases to hold that office on ceasing to
be a member of the Class B cemetery trust.

3. Resignation and removal of members



(1) A member of a Class B cemetery trust may resign the office of member by
writing signed by the member and addressed to the Minister.

(2) The Governor in Council, on the recommendation of the Minister, may at any
time remove a member of a Class B cemetery trust from office.

4. Vacancies in membership of Class B cemetery trusts

If a member of a Class B cemetery trust dies, resigns or is removed from
office, the Governor in Council, in accordance with this Act, may fill the
vacant office.

5. Fees and allowances of members



(1) A member of a Class B cemetery trust, other than a member who is an
employee of the public service, is entitled to receive the fees, travelling
and other allowances from time to time fixed by the Minister in respect of
that member.

(2) The fees, travelling and other allowances payable to a member of a Class B
cemetery trust are to be paid from the funds of that trust.

6. Validity of decisions of Class B cemetery trusts





(1) An act or decision of a Class B cemetery trust is not invalid merely
because of-

   (a)  a defect or irregularity in, or in connection with, the appointment of
        a member; or

   (b)  a vacancy in the membership of the trust, including a vacancy arising
        from the failure to appoint an original member.

(2) Anything done by or in relation to a person purporting to act as
chairperson or as a member is not invalid merely because-

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in relation to the appointment; or

   (c)  the appointment had ceased to have effect.

7. Presiding at meetings of Class B cemetery trusts

The person who is to preside at a meeting of a Class B cemetery trust is-

   (a)  the chairperson, if he or she is present; or

   (b)  if the chairperson is absent, a member elected to preside by the
        members of the trust present at the meeting.

8. Proceedings of Class B cemetery trusts





(1) Subject to subclause (2), meetings of a Class B cemetery trust are to be
held at the times and places that the chairperson determines.

(2) The chairperson of a Class B cemetery trust may at any time convene a
meeting, but must do so when requested by at least 2 members of the trust.

(3) A Class B cemetery trust may permit its members to participate in a
particular meeting by-

   (a)  telephone; or

   (b)  closed-circuit television; or

   (c)  any other means of communication.

(4) A member who participates in a meeting under a permission under subclause
(3) is deemed to be present at the meeting.

(5) A majority of the members for the time being constitutes a quorum of a
Class B cemetery trust.



(6) A question arising at a meeting must be determined by a majority of votes
of members present and voting on that question and, if the voting is equal,
the person presiding has a casting vote as well as a deliberative vote.

(7) The person presiding must ensure that minutes are kept of each of its
meetings.

(8) Subject to this clause, a Class B cemetery trust may regulate its own
proceedings.



9. Disclosure of interest of Class B cemetery trust members





(1) A member of a Class B cemetery trust who has a direct or indirect
pecuniary interest in a contract or other matter being dealt with by the trust
must disclose the nature of that interest at a meeting of the trust as soon as
possible after becoming aware of the interest.

(2) A member of a Class B cemetery trust who holds an office or possesses
property as a result of which, directly or indirectly, duties or interests may
be created in conflict with the member's duties as a member, must disclose
that fact at a meeting of the trust as soon as possible after becoming aware
of the potential conflict.

(3) The person presiding at a meeting at which a disclosure under this clause
is made must cause that disclosure to be recorded in the minutes of the
meeting.

(4) A person who has made a disclosure under this clause must not take any
further part in the discussion of or vote on the contract or other matter to
which the disclosure relates.

(5) If a member votes on a matter in contravention of subclause (4), his or
her vote must be disallowed.

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