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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Cross-Border Commission Bill 2004
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
b04-403-18.p01
Cross-Border Commission Bill 2004
Contents
Page
Part 3 Miscellaneous
10 Personal liability 7
11 Review of Commission's functions 7
12 Amendment of Public Sector Employment and Management
Act 2002 No 43 7
Schedule 1 Constitution and procedure of Commission 8
Schedule 2 Amendment of Public Sector Employment
and Management Act 2002 13
Contents page 2
New South Wales
Cross-Border Commission Bill 2004
No , 2004
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 2004
Part 1 Preliminary
1
The Legislature of New South Wales enacts:
Part 1 Preliminary 2
3
1 Name of Act
4
This Act is the Cross-Border Commission Act 2004.
5
2 Commencement
6
This Act commences on the date of assent.
7
3 Definitions
8
In this Act:
9
border community means a community of people who live or work
10
within a border region.
11
border region means:
12
(a) a region that is partly in New South Wales and partly outside
13
New South Wales, or
14
(b) a region that is wholly in New South Wales and near the
15
border of New South Wales and another State or a Territory.
16
Chairperson means the Chairperson of the Commission appointed
17
under section 5 (1).
18
Commission means the Cross-Border Commission of New South
19
Wales constituted by this Act.
20
exercise of a function includes the performance of a duty.
21
function includes a power, authority or duty.
22
part-time member means a part-time member of the Commission
23
referred to in section 4 (2) (b).
Page 2
Cross-Border Commission Bill 2004 Clause 4
Cross-Border Commission Part 2
Part 2 Cross-Border Commission 1
2
4 Constitution of Commission
3
(1) There is constituted by this Act the Cross-Border Commission of
4
New South Wales.
5
(2) The Commission is to consist of between 5 and 9 members as
6
follows:
7
(a) the Chairperson,
8
(b) not fewer than 4 and not more than 8 part-time members who
9
are to be appointed by the Premier.
10
(3) The part-time members are to be persons who reside in New South
11
Wales and who, in the opinion of the Premier, are suitably qualified
12
to represent one or more of the following interests in relation to
13
border communities:
14
(a) the interests of consumers,
15
(b) the interests of business,
16
(c) the interests of farmers,
17
(d) the interests of local government.
18
(4) A person is not eligible to be a part-time member of the Commission
19
if the person is a member of:
20
(a) the Legislative Assembly or Legislative Council of the New
21
South Wales Parliament, or
22
(b) the House of Representatives or Senate of the Commonwealth
23
Parliament.
24
(5) Schedule 1 has effect with respect to the constitution and procedure
25
of the Commission.
26
5 Chairperson
27
(1) The Governor, on the recommendation of the Premier, is to appoint
28
a person to be Chairperson of the Commission.
29
(2) Such a recommendation is not be made unless the Premier has
30
consulted with the Leader of the Opposition in the Legislative
31
Assembly (or, if the Opposition comprises 2 or more recognised
32
political parties, the leaders of those parties) in relation to the
33
proposed appointment.
Page 3
Clause 6 Cross-Border Commission Bill 2004
Part 2 Cross-Border Commission
1
(3) The employment of the Chairperson is subject to Part 3.1 of the
2
Public Sector Employment and Management Act 2002, but is not
3
subject to Chapter 2 of that Act.
4
6 Acting Chairperson
5
(1) The Premier may from time to time appoint a person to act in the
6
office of Chairperson during any illness or absence of the
7
Chairperson (or during any vacancy in the office of Chairperson)
8
and the person, while so acting, has all the functions of the
9
Chairperson.
10
(2) The Premier may, at any time, remove a person from the office of
11
acting Chairperson.
12
(3) Action of the kind referred to in subsection (1) or (2) may not be
13
taken unless the Premier has consulted with the Leader of the
14
Opposition in the Legislative Assembly (or, if the Opposition
15
comprises 2 or more recognised political parties, the leaders of those
16
parties) in relation to the proposed action.
17
(4) The acting Chairperson is entitled to be paid such remuneration
18
(including travelling and subsistence allowances) as the Premier
19
may from time to time determine.
20
7 Staff
21
(1) Such staff as may be necessary to assist the Commission are to be
22
employed under Chapter 2 of the Public Sector Employment and
23
Management Act 2002.
24
(2) The Commission may arrange for the use of the services of any staff
25
(by secondment or otherwise) or facilities of a government
26
department or a public or local authority. For the purposes of this
27
Act, a person whose services are utilised under this subsection is a
28
member of the staff of the Commission.
29
(3) The Commission may engage such consultants as the Commission
30
requires to assist it in the exercise of its functions.
31
8 Functions of Commission
32
The Commission has the following functions:
33
(a) to invite members of a border community to make
34
submissions to the Commission in relation to matters
35
affecting that community,
Page 4
Cross-Border Commission Bill 2004 Clause 9
Cross-Border Commission Part 2
1
(b) to conduct inquiries into such matters affecting border
2
communities as are referred to it by the Premier or as the
3
Commission considers appropriate,
4
(c) to identify issues affecting border communities and to make
5
recommendations to the Premier regarding such issues,
6
(d) to prepare an annual report for tabling in Parliament in
7
relation to the results of its inquiries into matters affecting
8
border communities, and in relation to any action taken by the
9
Government as a consequence of any recommendations
10
referred to in paragraph (c),
11
(e) such other functions as are conferred or imposed on it by or
12
under any other Act or law.
13
9 Reports
14
(1) As soon as practicable after 30 June (but on or before 31 December)
15
in each year, the Chairperson must provide the Premier with a report
16
on the operations of the Commission for the period ending on 30
17
June in that year.
18
(2) The report must include details of any recommendations made to the
19
Premier during the period to which the report relates as well as
20
details of any Government action in relation to those
21
recommendations.
22
(3) The Premier is to table the report, or cause it to be tabled, in each
23
House of Parliament as soon as practicable after the report is
24
forwarded to the Premier.
25
(4) If a House of Parliament is not sitting when the Premier seeks to
26
table the report, the Premier is to present copies of the report to the
27
Clerk of the House concerned.
28
(5) A report presented to the Clerk of a House of Parliament:
29
(a) on presentation and for all purposes, is taken to have been laid
30
before that House, and
31
(b) is to be printed by authority of the Clerk of that House, and
32
(c) for all purposes, is taken to be a document published by order
33
or under the authority of that House, and
34
(d) is to be recorded:
35
(i) in the case of the Legislative Council, in the Minutes of
36
the Proceedings of the Legislative Council, or
Page 5
Clause 9 Cross-Border Commission Bill 2004
Part 2 Cross-Border Commission
1
(ii) in the case of the Legislative Assembly, in the Votes
2
and Proceedings of the Legislative Assembly,
3
on the first sitting day of that House after receipt of the report
4
by the Clerk.
Page 6
Cross-Border Commission Bill 2004 Clause 10
Miscellaneous Part 3
Part 3 Miscellaneous 1
2
10 Personal liability
3
A matter or thing done or omitted to be done by the Commission, a
4
member of the Commission, or a person acting under the direction
5
of the Commission does not, if the matter was done or omitted in
6
good faith for the purpose of executing this or any other Act, subject
7
the member or person so acting personally to any action, liability,
8
claim or demand.
9
11 Review of Commission's functions
10
(1) The Premier is to conduct a review of the effectiveness with which
11
the Commission exercises its functions.
12
(2) The review is to be conducted as soon as possible after the period of
13
5 years from the commencement of this Act.
14
(3) The Premier is to cause a report of the results of that review to be
15
tabled in each House of Parliament within 12 months after the end
16
of the period of 5 years.
17
12 Amendment of Public Sector Employment and Management
18
Act 2002 No 43
19
The Public Sector Employment and Management Act 2002 is
20
amended as set out in Schedule 2.
Page 7
Cross-Border Commission Bill 2004
Schedule 1 Constitution and procedure of Commission
Schedule 1 Constitution and procedure of 1
Commission 2
3
(Section 4 (5))
Part 1 Constitution 4
5
1 Term of office
6
Subject to this Schedule, a part-time member holds office for such
7
period (not exceeding 3 years) as is specified in the member's
8
instrument of appointment, but is eligible (if otherwise qualified) for
9
re-appointment.
10
2 Remuneration
11
A part-time member of the Commission is entitled to be paid such
12
remuneration (including travelling and subsistence allowances) as
13
the Premier may from time to time determine in respect of the
14
member.
15
3 Deputies
16
(1) The Premier may, from time to time, appoint a person to be the
17
deputy of a part-time member, and the Premier may revoke any such
18
appointment.
19
(2) In the absence of a part-time member, the part-time member's
20
deputy may, if available, act in the place of the member.
21
(3) While acting in the place of a part-time member, a person:
22
(a) has all the functions of the part-time member and is taken to
23
be a part-time member, and
24
(b) is entitled to be paid such remuneration (including travelling
25
and subsistence allowances) as the Premier may from time to
26
time determine in respect of the person.
27
(4) For the purposes of this clause, a vacancy in the office of a part-time
28
member is taken to be an absence of the part-time member.
29
4 Vacancy in office of part-time member
30
(1) The office of a part-time member becomes vacant if the part-time
31
member:
32
(a) dies, or
33
(b) completes a term of office and is not re-appointed, or
Page 8
Cross-Border Commission Bill 2004
Constitution and procedure of Commission Schedule 1
1
(c) resigns the office by instrument in writing addressed to the
2
Premier, or
3
(d) is removed from the office by the Premier under this clause, or
4
(e) is absent from 4 consecutive meetings of the Commission of
5
which reasonable notice has been given to the part-time
6
member personally or by post, except on leave granted by the
7
Premier or unless the part-time member is excused by the
8
Premier for having been absent from those meetings, or
9
(f) becomes bankrupt, applies to take the benefit of any law for
10
the relief of bankrupt or insolvent debtors, compounds with
11
his or her creditors or makes an assignment of his or her
12
remuneration for their benefit, or
13
(g) becomes a mentally incapacitated person, or
14
(h) is convicted in New South Wales of an offence that is
15
punishable by imprisonment for 12 months or more or is
16
convicted elsewhere than in New South Wales of an offence
17
that, if committed in New South Wales, would be an offence
18
so punishable, or
19
(i) becomes a member of the Legislative Assembly or
20
Legislative Council of the New South Wales Parliament, or
21
(j) becomes a member of the House of Representatives or Senate
22
of the Commonwealth Parliament, or
23
(k) ceases to be a resident of New South Wales.
24
(2) The Premier may at any time remove a part-time member from
25
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
33
Commission, and
Page 9
Cross-Border Commission Bill 2004
Schedule 1 Constitution and procedure of Commission
1
(b) the interest appears to raise a conflict with the proper
2
performance of the member's duties in relation to the
3
consideration of the matter,
4
the member must, as soon as possible after the relevant facts have
5
come to the member's knowledge, disclose the nature of the interest
6
at a meeting of the Commission.
7
(2) A disclosure by a member at a meeting of the Commission that the
8
member:
9
(a) is a member of, or is in the employment of, a specified
10
company or other body, or
11
(b) is a partner of, or is in the employment of, a specified person,
12
or
13
(c) has some other specified interest relating to a specified
14
company or other body or to a specified person,
15
is a sufficient disclosure of the nature of the interest in any matter
16
relating to that company or other body or to that person which may
17
arise after the date of the disclosure and which is required to be
18
disclosed under subclause (1).
19
(3) Particulars of any disclosure made under this clause must be
20
recorded by the Commission in a book kept for the purpose and that
21
book must be open at all reasonable hours to inspection by any
22
person on payment of the fee determined by the Commission.
23
(4) After a member has disclosed the nature of an interest in any matter,
24
the member must not, unless the Premier or the Commission
25
otherwise determines:
26
(a) be present during any deliberation of the Commission with
27
respect to the matter, or
28
(b) take part in any decision of the Commission with respect to
29
the matter.
30
(5) For the purposes of the making of a determination by the
31
Commission under subclause (4), a member who has a direct or
32
indirect pecuniary interest in a matter to which the disclosure relates
33
must not:
34
(a) be present during any deliberation of the Commission for the
35
purpose of making the determination, or
36
(b) take part in the making by the Commission of the
37
determination.
Page 10
Cross-Border Commission Bill 2004
Constitution and procedure of Commission Schedule 1
1
(6) A contravention of this clause does not invalidate any decision of
2
the Commission.
3
7 Effect of certain other Acts
4
(1) The Public Sector Employment and Management Act 2002 does not
5
apply to or in respect of the appointment of any part-time member
6
and a part-time member, in the member's capacity as such a
7
member, is not subject to the provisions of that Act.
8
(2) If by or under any Act provision is made:
9
(a) requiring a person who is the holder of a specified office to
10
devote the whole of his or her time to the duties of that office,
11
or
12
(b) prohibiting the person from engaging in employment outside
13
the duties of that office,
14
the provision does not operate to disqualify the person from holding
15
that office and also the office of a member or from accepting and
16
retaining any remuneration payable to the person under this Act as
17
a member.
Part 2 Procedure 18
19
8 General procedure
20
The procedure for the calling of meetings of the Commission and
21
for the conduct of business at those meetings is, subject to this Act,
22
to be as determined by the Commission.
23
9 Quorum
24
The quorum for a meeting of the Commission is 3 members, of
25
whom one must be the Chairperson.
26
10 Presiding member
27
(1) The Chairperson is to preside at a meeting of the Commission.
28
(2) The Chairperson has a deliberative vote and, in the event of an
29
equality of votes, has a second or casting vote.
Page 11
Cross-Border Commission Bill 2004
Schedule 1 Constitution and procedure of Commission
11 Voting 1
2
A decision supported by a majority of the votes cast at a meeting of
3
the Commission at which a quorum is present is the decision of the
4
Commission.
5
12 Transaction of business outside meetings or by telephone
6
(1) The Commission may, if it thinks fit, transact any of its business by
7
the circulation of papers among all the members of the Commission
8
for the time being, and a resolution in writing approved in writing
9
by a majority of those members is taken to be a decision of the
10
Commission.
11
(2) The Commission may, if it thinks fit, transact any of its business at
12
a meeting at which members (or some members) participate by
13
telephone, closed-circuit television or other means, but only if any
14
member who speaks on a matter before the meeting can be heard by
15
the other members.
16
(3) For the purposes of:
17
(a) the approval of a resolution under subclause (1), or
18
(b) a meeting held in accordance with subclause (2),
19
the Chairperson and each member have the same voting rights as
20
they have at an ordinary meeting of the Commission.
21
(4) A resolution approved under subclause (1) is to be recorded in the
22
minutes of the meetings of the Commission.
23
(5) Papers may be circulated among the members for the purposes of
24
subclause (1) by facsimile or other transmission of the information
25
in the papers concerned.
26
13 First meeting
27
The Premier may call the first meeting of the Commission in such
28
manner as the Premier thinks fit.
Page 12
Cross-Border Commission Bill 2004
Amendment of Public Sector Employment and Management Act 2002 Schedule 2
Schedule 2 Amendment of Public Sector Employment 1
and Management Act 2002 2
3
(Section 12)
4
[1] Section 133 Declared authorities to which Part applies
5
Insert in alphabetical order in the Table to the section:
6
Cross-Border Commission
7
[2] Schedule 2 Executive positions (other than non-statutory SES
8
positions)
9
Insert at the end of Part 2:
10
Chairperson of the Cross-Border Commission
Page 13
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