New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Cross-Border Commission Bill 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Cross-Border Commission
4 Constitution of Commission 3
5 Chairperson 3
6 Acting Chairperson 4
7 Staff 4
8 Functions of Commission 4
9 Reports 5
Part 3 Miscellaneous
10 Personal liability 7
11 Review of Commission's functions 7
12 Amendment of Public Sector Management Act 1988
No 33 7
b99-406-p02.837
Cross-Border Commission Bill 2000
Contents
Page
Schedules
1 Constitution and procedure of Commission 8
2 Amendment of Public Sector Management Act 1988 13
Contents page 2
New South Wales
Cross-Border Commission Bill 2000
No , 2000
A Bill for
An Act to establish the Cross-Border Commission to inquire into matters affecting
border communities; and for other purposes.
Clause 1 Cross-Border Commission Bill 2000
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Cross-Border Commission Act 2000. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Definitions 7
In this Act: 8
border community means a community of people who live or work 9
within a border region. 10
border region means: 11
(a) a region that is partly in New South Wales and partly outside 12
New South Wales, or 13
(b) a region that is wholly in New South Wales and near the border 14
of New South Wales and another State or a Territory. 15
Chairperson means the Chairperson of the Commission appointed 16
under section 5 (1). 17
Commission means the Cross-Border Commission of New South 18
Wales constituted by this Act. 19
exercise of a function includes the performance of a duty. 20
function includes a power, authority or duty. 21
part-time member means a part-time member of the Commission 22
referred to in section 4 (2) (b). 23
Page 2
Cross-Border Commission Bill 2000 Clause 4
Cross-Border Commission Part 2
Part 2 Cross-Border Commission 1
4 Constitution of Commission 2
(1) There is constituted by this Act the Cross-Border Commission of New 3
South Wales. 4
(2) The Commission is to consist of between 5 and 9 members as follows: 5
(a) the Chairperson, 6
(b) not fewer than 4 and not more than 8 part-time members who 7
are to be appointed by the Premier. 8
(3) The part-time members are to be persons who reside in New South 9
Wales and who, in the opinion of the Premier, are suitably qualified to 10
represent one or more of the following interests in relation to border 11
communities: 12
(a) the interests of consumers, 13
(b) the interests of business, 14
(c) the interests of farmers, 15
(d) the interests of local government. 16
(4) A person is not eligible to be a part-time member of the Commission 17
if the person is a member of: 18
(a) the Legislative Assembly or Legislative Council of the New 19
South Wales Parliament, or 20
(b) the House of Representatives or Senate of the Commonwealth 21
Parliament. 22
(5) Schedule 1 has effect with respect to the constitution and procedure of 23
the Commission. 24
5 Chairperson 25
(1) The Governor, on the recommendation of the Premier, is to appoint a 26
person to be Chairperson of the Commission. 27
(2) Such a recommendation is not be made unless the Premier has 28
consulted with the Leader of the Opposition in the Legislative 29
Assembly (or, if the Opposition comprises 2 or more recognised 30
political parties, the leaders of those parties) in relation to the proposed 31
appointment. 32
Page 3
Clause 5 Cross-Border Commission Bill 2000
Part 2 Cross-Border Commission
(3) The employment of the Chairperson is subject to Part 2A of the Public 1
Sector Management Act 1988, but is not subject to Part 2 of that Act. 2
6 Acting Chairperson 3
(1) The Premier may from time to time appoint a person to act in the 4
office of Chairperson during the illness or absence of the Chairperson 5
(or during the vacancy in office of the Chairperson) and the person, 6
while so acting, has all the functions of the Chairperson. 7
(2) The Premier may, at any time, remove a person from the office of 8
acting Chairperson. 9
(3) Action of the kind referred to in subsection (1) or (2) may not be taken 10
unless the Premier has consulted with the Leader of the Opposition in 11
the Legislative Assembly (or, if the Opposition comprises 2 or more 12
recognised political parties, the leaders of those parties) in relation to 13
the proposed action. 14
(4) The acting Chairperson is entitled to be paid such remuneration 15
(including travelling and subsistence allowances) as the Premier may 16
from time to time determine. 17
7 Staff 18
(1) Such staff as may be necessary to assist the Commission are to be 19
employed under Part 2 of the Public Sector Management Act 1988. 20
(2) The Commission may arrange for the use of the services of any staff 21
(by secondment or otherwise) or facilities of a government department 22
or a public or local authority. For the purposes of this Act, a person 23
whose services are utilised under this subsection is a member of the 24
staff of the Commission. 25
(3) The Commission may engage such consultants as the Commission 26
requires to assist it in the exercise of its functions. 27
8 Functions of Commission 28
The Commission has the following functions: 29
(a) to invite members of a border community to make submissions 30
to the Commission in relation to matters affecting that 31
community, 32
(b) to conduct inquiries into such matters affecting border 33
communities as are referred to it by the Premier or as the 34
Commission considers appropriate, 35
Page 4
Cross-Border Commission Bill 2000 Clause 8
Cross-Border Commission Part 2
(c) to identify issues affecting border communities and to make 1
recommendations to the Premier regarding such issues, 2
(d) to prepare an annual report for tabling in Parliament in relation 3
to the results of its inquiries into matters affecting border 4
communities, 5
(e) such other functions as are conferred or imposed on it by or 6
under any other Act or law. 7
9 Reports 8
(1) As soon as practicable after 30 June (but on or before 31 December) 9
in each year, the Chairperson must provide the Premier with a report 10
on the operations of the Commission for the period ending on 30 June 11
in that year. 12
(2) The report must include details of any recommendations made to the 13
Premier during the period to which the report relates as well as details 14
of any Government action in relation to those recommendations. 15
(3) The Premier is to table the report, or cause it to be tabled, in each 16
House of Parliament as soon as practicable after the report is 17
forwarded to the Premier. 18
(4) If a House of Parliament is not sitting when the Premier seeks to table 19
the report, the Premier is to present copies of the report to the Clerk of 20
the House concerned. 21
(5) A report presented to the Clerk of a House of Parliament: 22
(a) on presentation and for all purposes, is taken to have been laid 23
before that House, and 24
(b) is to be printed by authority of the Clerk of the House, and 25
(c) for all purposes, is taken to be a document published by order 26
or under the authority of that House, and 27
(d) is to be recorded: 28
(i) in the case of the Legislative Council, in the Minutes of 29
the Proceedings of the Legislative Council, or 30
(ii) in the case of the Legislative Assembly, in the Votes 31
and Proceedings of the Legislative Assembly, 32
on the first sitting day of the House after receipt of the report by 33
the Clerk. 34
Page 5
Clause 9 Cross-Border Commission Bill 2000
Part 2 Cross-Border Commission
Part 3 Miscellaneous 1
10 Personal liability 2
A matter or thing done or omitted to be done by the Commission, a 3
member of the Commission, or a person acting under the direction of 4
the Commission does not, if the matter was done or omitted in good 5
faith for the purpose of executing this or any other Act, subject the 6
member or person so acting personally to any action, liability, claim or 7
demand. 8
11 Review of Commission's functions 9
(1) The Premier is to conduct a review of the effectiveness with which the 10
Commission exercises its functions. 11
(2) The review is to be conducted as soon as possible after the period of 12
5 years from the commencement of this Act. 13
(3) The Premier is to cause a report of the results of that review to be 14
tabled in each House of Parliament within 12 months after the end of 15
the period of 5 years. 16
12 Amendment of Public Sector Management Act 1988 No 33 17
The Public Sector Management Act 1988 is amended as set out in 18
Schedule 2. 19
Page 6
Cross-Border Commission Bill 2000
Constitution and procedure of Commission Schedule 1
Schedule 1 Constitution and procedure of 1
Commission 2
(Section 4 (5)) 3
Part 1 Constitution 4
1 Term of office 5
Subject to this Schedule, a part-time member holds office for such 6
period (not exceeding 3 years) as is specified in the member's 7
instrument of appointment, but is eligible (if otherwise qualified) for 8
re-appointment. 9
2 Remuneration 10
A part-time member of the Commission is entitled to be paid such 11
remuneration (including travelling and subsistence allowances) as the 12
Premier may from time to time determine in respect of the member. 13
3 Deputies 14
(1) The Premier may, from time to time, appoint a person to be the deputy 15
of a part-time member, and the Premier may revoke any such 16
appointment. 17
(2) In the absence of a part-time member, the part-time member's deputy 18
may, if available, act in the place of the member. 19
(3) While acting in the place of a part-time member, a person: 20
(a) has all the functions of the part-time member and is taken to be 21
a part-time member, and 22
(b) is entitled to be paid such remuneration (including travelling 23
and subsistence allowances) as the Premier may from time to 24
time determine in respect of the person. 25
(4) For the purposes of this clause, a vacancy in the office of a part-time 26
member is taken to be an absence of the part-time member. 27
4 Vacancy in office of part-time member 28
(1) The office of a part-time member becomes vacant if the part-time 29
member: 30
Page 7
Cross-Border Commission Bill 2000
Schedule 1 Constitution and procedure of Commission
(a) dies, or 1
(b) completes a term of office and is not re-appointed, or 2
(c) resigns the office by instrument in writing addressed to the 3
Premier, or 4
(d) is removed from office by the Premier under this section, or 5
(e) is absent from 4 consecutive meetings of the Commission of 6
which reasonable notice has been given to the part-time 7
member personally or by post, except on leave granted by the 8
Premier or unless the part-time member is excused by the 9
Premier for having been absent from those meetings, or 10
(f) becomes bankrupt, applies to take the benefit of any law for the 11
relief of bankrupt or insolvent debtors, compounds with his or 12
her creditors or makes an assignment of his or her remuneration 13
for their benefit, or 14
(g) becomes a mentally incapacitated person, or 15
(h) is convicted in New South Wales of an offence that is 16
punishable by imprisonment for 12 months or more or is 17
convicted elsewhere than in New South Wales of an offence 18
that, if committed in New South Wales, would be an offence so 19
punishable, or 20
(i) becomes a member of the Legislative Assembly or Legislative 21
Council of the New South Wales Parliament, or 22
(j) becomes a member of the House of Representatives or Senate 23
of the Commonwealth Parliament, or 24
(k) ceases to be a resident of New South Wales. 25
(2) The Premier may at any time remove a part-time member from office. 26
5 Filling of vacancy in office of part-time member 27
If the office of any part-time member becomes vacant, a person is, 28
subject to this Act, to be appointed to fill the vacancy. 29
6 Disclosure of pecuniary interests 30
(1) If: 31
(a) a member has a direct or indirect pecuniary interest in a matter 32
being considered or about to be considered by the Commission, 33
and 34
Page 8
Cross-Border Commission Bill 2000
Constitution and procedure of Commission Schedule 1
(b) the interest appears to raise a conflict with the proper 1
performance of the member's duties in relation to the 2
consideration of the matter, 3
the member must, as soon as possible after the relevant facts have 4
come to the member's knowledge, disclose the nature of the interest at 5
a meeting of the Commission. 6
(2) A disclosure by a member at a meeting of the Commission that the 7
member: 8
(a) is a member of, or is in the employment of, a specified 9
company or other body, or 10
(b) is a partner of, or is in the employment of, a specified person, 11
or 12
(c) has some other specified interest relating to a specified 13
company or other body or to a specified person, 14
is a sufficient disclosure of the nature of the interest in any matter 15
relating to that company or other body or to that person which may 16
arise after the date of the disclosure and which is required to be 17
disclosed under subclause (1). 18
(3) Particulars of any disclosure made under this clause must be recorded 19
by the Commission in a book kept for the purpose and that book must 20
be open at all reasonable hours to inspection by any person on 21
payment of the fee determined by the Commission. 22
(4) After a member has disclosed the nature of an interest in any matter, 23
the member must not, unless the Premier or the Commission otherwise 24
determines: 25
(a) be present during any deliberation of the Commission with 26
respect to the matter, or 27
(b) take part in any decision of the Commission with respect to the 28
matter. 29
(5) For the purposes of the making of a determination by the Commission 30
under subclause (4), a member who has a direct or indirect pecuniary 31
interest in a matter to which the disclosure relates must not: 32
(a) be present during any deliberation of the Commission for the 33
purpose of making the determination, or 34
(b) take part in the making by the Commission of the 35
determination. 36
Page 9
Cross-Border Commission Bill 2000
Schedule 1 Constitution and procedure of Commission
(6) A contravention of this clause does not invalidate any decision of the 1
Commission. 2
7 Effect of certain other Acts 3
(1) The Public Sector Management Act 1988 does not apply to or in 4
respect of the appointment of any part-time member and a part-time 5
member, in the member's capacity as such a member, is not subject to 6
the provisions of that Act. 7
(2) If by or under any Act provision is made: 8
(a) requiring a person who is the holder of a specified office to 9
devote the whole of his or her time to the duties of that office, 10
or 11
(b) prohibiting the person from engaging in employment outside 12
the duties of that office, 13
the provision does not operate to disqualify the person from holding 14
that office and also the office of a member or from accepting and 15
retaining any remuneration payable to the person under this Act as a 16
member. 17
Part 2 Procedure 18
8 General procedure 19
The procedure for the calling of meetings of the Commission and for 20
the conduct of business at those meetings is, subject to this Act, to be 21
as determined by the Commission. 22
9 Quorum 23
The quorum for a meeting of the Commission is 3 members, of whom 24
one must be the Chairperson. 25
10 Presiding member 26
(1) The Chairperson is to preside at a meeting of the Commission. 27
(2) The Chairperson has a deliberative vote and, in the event of an equality 28
of votes, has a second or casting vote. 29
Page 10
Cross-Border Commission Bill 2000
Constitution and procedure of Commission Schedule 1
11 Voting 1
A decision supported by a majority of the votes cast at a meeting of the 2
Commission at which a quorum is present is the decision of the 3
Commission. 4
12 Transaction of business outside meetings or by telephone 5
(1) The Commission may, if it thinks fit, transact any of its business by the 6
circulation of papers among all the members of the Commission for 7
the time being, and a resolution in writing approved in writing by a 8
majority of those members is taken to be a decision of the 9
Commission. 10
(2) The Commission may, if it thinks fit, transact any of its business at a 11
meeting at which members (or some members) participate by 12
telephone, closed-circuit television or other means, but only if any 13
member who speaks on a matter before the meeting can be heard by 14
the other members. 15
(3) For the purposes of: 16
(a) the approval of a resolution under subclause (1), or 17
(b) a meeting held in accordance with subclause (2), 18
the Chairperson and each member have the same voting rights as they 19
have at an ordinary meeting of the Commission. 20
(4) A resolution approved under subclause (1) is to be recorded in the 21
minutes of the meetings of the Commission. 22
(5) Papers may be circulated among the members for the purposes of 23
subclause (1) by facsimile or other transmission of the information in 24
the papers concerned. 25
13 First meeting 26
The Premier may call the first meeting of the Commission in such 27
manner as the Premier thinks fit. 28
Page 11
Cross-Border Commission Bill 2000
Schedule 2 Amendment of Public Sector Management Act 1988
Schedule 2 Amendment of Public Sector Management 1
Act 1988 2
(Section 12) 3
[1] Schedule 3 Declared authorities 4
Insert in alphabetical order "Cross-Border Commission". 5
[2] Schedule 3A Chief executive positions 6
Insert at the end of Part 3: 7
Chairperson of the Cross-Border Commission 8
Page 12
[Index] [Search] [Download] [Related Items] [Help]