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FISHERIES MANAGEMENT ACT 1991 - SECT 66 Procedure of Joint Authorities

FISHERIES MANAGEMENT ACT 1991 - SECT 66

Procedure of Joint Authorities

  (1)   At a meeting of a Joint Authority:

  (a)   if the Commonwealth Minister is present--that Minister is to preside; and

  (b)   if deputies of members only are present--the deputy of the Commonwealth Minister is to preside; and

  (c)   if neither paragraph   (a) nor paragraph   (b) is applicable--the members present are to select one of their number, being a Minister, to preside.

  (2)   Meetings of a Joint Authority are to be convened by the Commonwealth Minister, and that Minister must convene such a meeting at the request of any other member.

  (3)   The quorum for a meeting of a Joint Authority is:

  (a)   if there are 2 members--2 members; or

  (b)   if there are more than 2 members--the Commonwealth Minister or that Minister's deputy and other members not fewer in number than 2 and not fewer in number than half the number of States represented on the Joint Authority.

  (4)   If, at a meeting of a Joint Authority, the members present are not agreed as to the decision to be made on a matter, the Commonwealth Minister may, subject to subsection   (6), decide that matter.

  (5)   A decision of the Commonwealth Minister made under subsection   (4) has effect as the decision of the Joint Authority.

  (6)   Before deciding in accordance with subsection   (4), the Commonwealth Minister must:

  (a)   submit the matter for consideration by the members of the Australian Fisheries Council, being the body known by that name constituted by the Commonwealth Minister and Ministers of the States and certain of the Territories; and

  (b)   for that purpose, if so requested by a member of that Council, convene a meeting of that Council;

but a decision of the Commonwealth Minister may not be called into question in any legal proceedings on a ground arising out of this subsection.

  (7)   Subject to this Division, a Joint Authority may adopt its own rules of procedure.