Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 8

Establishment and constitution of Inter-Governmental Committee

             (1)  There is hereby established an Inter-Governmental Committee consisting of:

                     (a)  a member to represent the Commonwealth, being the Commonwealth Minister; and

                     (b)  in the case of each participating State--a member to represent that State, being a Minister of the Crown of that State nominated by the Premier of that State.

             (2)  The Commonwealth Minister may appoint a person as his or her delegate to attend a meeting of the Committee at which the Commonwealth Minister is not present.

             (3)  A member of the Committee for the time being representing a State may appoint a person as his or her delegate to attend a meeting of the Committee at which that member is not present.

             (4)  Where a person attends a meeting of the Committee as the delegate of the member representing the Commonwealth or as the delegate of a member representing a State, the delegate shall be deemed to be the member representing the Commonwealth or that State, as the case may be.

             (5)  Meetings of the Committee shall be held at such times and places as are from time to time agreed upon by the members of the Committee. There must be a minimum of 2 meetings each calendar year.

             (6)  At a meeting of the Committee:

                     (a)  a quorum is constituted by:

                              (i)  if every State is a participating State--5 members of the Committee; or

                             (ii)  in any other case--not less than one-half of the members of the Committee;

                     (b)  the member representing the Commonwealth shall preside;

                     (c)  each member of the Committee (including the member presiding) has a deliberative vote but the member of the Committee presiding does not have a casting vote; and

                     (d)  subject to this Act, questions arising shall be decided by a majority of the votes of the members of the Committee present.

             (7)  A resolution:

                     (a)  which, without being considered at a meeting of the Committee, is referred to all members of the Committee; and

                     (b)  of which:

                              (i)  if subparagraph (ii) does not apply--a majority of those members, or if a majority including a particular member or particular members is required for the resolution to have effect, a majority including that member or those members, indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour; or

                             (ii)  if the resolution is that the Committee make a request under subsection 9(2) or that the Committee revoke a determination made under subsection 7C(2) or (3)--the member of the Committee representing the Commonwealth is in favour and at least 5 other members indicate by telephone or other mode of communication to the member of the Committee representing the Commonwealth that they are in favour;

is as valid and effectual as if it had been passed at a meeting of the Committee duly convened and held.

             (8)  Subject to the foregoing provisions of this section, the Committee may determine its procedure and for that purpose may make rules of procedure, including rules relating to the convening of meetings and the conduct of business at meetings, and may from time to time alter rules so made.

             (9)  Any member of the Board may, with the consent of the members of the Committee present at a meeting of the Committee, attend that meeting and participate in the discussion of matters arising at the meeting.



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