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AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY ACT 2005 - SECT 47 Meetings of a Division

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY ACT 2005 - SECT 47

Meetings of a Division

  (1)   Subject to subsection   (2), the following provisions apply in relation to meetings of a Division:

  (a)   a member in the Division may call a meeting by giving notice of the meeting to the other members in the Division;

  (b)   a quorum at a meeting is a majority of the members for the time being in the Division;

  (c)   if:

  (i)   rules made for the purposes of section   29 of the Public Governance, Performance and Accountability Act 2013 prevent a member in the Division from participating in the deliberations, or decisions, of the Division with respect to a particular matter; and

  (ii)   when the member leaves the meeting concerned there is no longer a quorum present;

    the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter;

  (d)   the members present at a meeting must appoint 1 of themselves to preside at the meeting;

  (e)   a question at a meeting is decided by a majority of the following people in the Division present and voting:

  (i)   the members in the Division; and

  (ii)   if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate members in the Division--that associate member, or each of those associate members;

  (f)   the person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.

  (2)   Subject to subsection   (3), a Division may determine its own rules relating to meetings, including (for example) rules about the following:

  (a)   calling of meetings;

  (b)   notice of meetings;

  (c)   presiding at meetings;

  (d)   how decisions are made at meetings, including quorum requirements and voting entitlements and procedures.

The rules that the Division determines displace the rules that would otherwise apply under subsection   (1), to the extent of any inconsistency.

  (3)   A Division cannot:

  (a)   determine rules that purport to exclude the operation of, or that are inconsistent with, rules made for the purposes of section   29 of the Public Governance, Performance and Accountability Act 2013 , or any provision of this Act (other than subsection   (1) of this section); or

  (b)   determine rules under which an associate member would be allowed to vote on a question that does not relate to a matter connected with an inquiry, investigation, hearing or other matter specified in the instrument of appointment of the associate member.

Note:   Section   33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.