Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1985 No. 167 of 1985 - SECT 9

9. Section 16 of the Principal Act is amended -

   (a)  by omitting sub-section (2);
(b) by omitting from sub-section (3) "a Commissioner" and substituting

"2 or more Commissioners";

   (c)  by omitting from sub-section (8) "At" and substituting "Subject to
sub-section (8A), at";

   (d)  by inserting after sub-section (8) the following sub-section:

"(8A) Where, by virtue of the operation of sub-section 15 (3) or

(4) , a Commissioner is prohibited from being present during any
deliberation of the Commission with respect to a matter, or from
taking part in any decision of the Commission with respect to that
matter, a quorum at a part of a meeting of the Commission that
concerns that matter is constituted by a majority of the
Commissioners for the time being holding office who are not so
prohibited."; and

   (e)  by adding at the end the following sub-section:

"(11) Where a majority of the Commissioners sign a document
containing a statement that they are in favour of a resolution in
terms set out in the document, a resolution in those terms shall be
deemed to have been passed at a duly constituted meeting of the
Commission held on the day on which the document was signed, or,
if the Commissioners sign the document on different days, on the
day on which the document was last signed by a Commissioner.

"(12) For the purposes of sub-section (11), 2 or more spearate
documents containing statements in identical terms each of which is
signed by one or more Commissioners shall together be deemed to
constitute one document containing a statement in those terms
signed by those Commissioners on the respective days on which they
signed the separate documents.".