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 2011
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 6
b2011-053-35.d04
Cross-Border Commission Bill 2011
Contents
Page
11 Review of Commission's functions 6
Schedule 1 Constitution and procedure of Commission 7
Schedule 2 Amendment of Public Sector Employment and
Management Act 2002 12
Contents page 2
New South Wales
Cross-Border Commission Bill 2011
No , 2011
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 2011
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 2011. 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 2011 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 are 7
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 if 17
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 contains provisions with respect to the constitution and 23
procedure of 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 to 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
(3) The employment of the Chairperson is subject to Part 3.1 of the Public 33
Sector Employment and Management Act 2002, but is not subject to 34
Chapter 1A of that Act. 35
Page 3
Clause 6 Cross-Border Commission Bill 2011
Part 2 Cross-Border Commission
6 Acting Chairperson 1
(1) The Premier may from time to time appoint a person to act in the office 2
of Chairperson during any illness or absence of the Chairperson (or 3
during any vacancy in the office of Chairperson) and the person, while 4
so acting, has all the functions of the Chairperson. 5
(2) The Premier may, at any time, remove a person from the office of acting 6
Chairperson. 7
(3) Action of the kind referred to in subsection (1) or (2) may not be taken 8
unless the Premier has consulted with the Leader of the Opposition in 9
the Legislative Assembly (or, if the Opposition comprises 2 or more 10
recognised political parties, the leaders of those parties) in relation to 11
the proposed action. 12
(4) The acting Chairperson is entitled to be paid such remuneration 13
(including travelling and subsistence allowances) as the Premier may 14
from time to time determine. 15
7 Staff 16
(1) Such staff as may be necessary to assist the Commission are to be 17
employed under Chapter 1A of the Public Sector Employment and 18
Management Act 2002. 19
(2) The Chairperson may arrange for the use of the services of any staff (by 20
secondment or otherwise) or facilities of a government department or a 21
public or local authority. For the purposes of this Act, a person whose 22
services are utilised under this subsection is a member of the staff of the 23
Commission. 24
(3) The Chairperson may engage such consultants as the Commission 25
requires to assist it in the exercise of its functions. 26
8 Functions of Commission 27
The Commission has the following functions: 28
(a) to invite members of a border community to make submissions to 29
the Commission in relation to matters affecting that community, 30
(b) to conduct inquiries into such matters affecting border 31
communities as are referred to it by the Premier or as the 32
Commission considers appropriate, 33
(c) to identify issues affecting border communities and to make 34
recommendations to the Premier regarding such issues, 35
(d) to prepare an annual report for tabling in Parliament in relation to 36
the results of its inquiries into matters affecting border 37
communities, and in relation to any action taken by the 38
Page 4
Cross-Border Commission Bill 2011 Clause 9
Cross-Border Commission Part 2
Government as a consequence of any recommendations referred 1
to in paragraph (c), 2
(e) such other functions as are conferred or imposed on it by or under 3
any other Act or law. 4
9 Reports 5
(1) As soon as practicable after 30 June (but on or before 31 December) in 6
each year, the Chairperson must provide the Premier with a report on 7
the operations of the Commission for the period ending on 30 June in 8
that year. 9
(2) The report must include details of any recommendations made to the 10
Premier during the period to which the report relates as well as details 11
of any Government action in relation to those recommendations. 12
(3) The Premier is to table the report, or cause it to be tabled, in each House 13
of Parliament as soon as practicable after the report is forwarded to the 14
Premier. 15
(4) If a House of Parliament is not sitting when the Premier seeks to table 16
the report, the Premier is to present copies of the report to the Clerk of 17
the House concerned. 18
(5) A report presented to the Clerk of a House of Parliament: 19
(a) on presentation and for all purposes, is taken to have been laid 20
before that House, and 21
(b) is to be printed by authority of the Clerk of that House, and 22
(c) for all purposes, is taken to be a document published by order or 23
under the authority of that House, and 24
(d) is to be recorded: 25
(i) in the case of the Legislative Council, in the Minutes of the 26
Proceedings of the Legislative Council, or 27
(ii) in the case of the Legislative Assembly, in the Votes and 28
Proceedings of the Legislative Assembly, 29
on the first sitting day of that House after receipt of the report by 30
the Clerk. 31
Page 5
Clause 10 Cross-Border Commission Bill 2011
Part 3 Miscellaneous
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 tabled 14
in each House of Parliament within 12 months after the end of the period 15
of 5 years. 16
Page 6
Cross-Border Commission Bill 2011
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 a 21
part-time member, and 22
(b) is entitled to be paid such remuneration (including travelling and 23
subsistence allowances) as the Premier may from time to time 24
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
(a) dies, or 31
(b) completes a term of office and is not re-appointed, or 32
(c) resigns the office by instrument in writing addressed to the 33
Premier, or 34
Page 7
Cross-Border Commission Bill 2011
Schedule 1 Constitution and procedure of Commission
(d) is removed from the office by the Premier under this clause, or 1
(e) is absent from 4 consecutive meetings of the Commission of 2
which reasonable notice has been given to the part-time member 3
personally or by post, except on leave granted by the Premier or 4
unless the part-time member is excused by the Premier for having 5
been absent from those meetings, or 6
(f) becomes bankrupt, applies to take the benefit of any law for the 7
relief of bankrupt or insolvent debtors, compounds with his or her 8
creditors or makes an assignment of his or her remuneration for 9
their benefit, or 10
(g) becomes a mentally incapacitated person, or 11
(h) is convicted in New South Wales of an offence that is punishable 12
by imprisonment for 12 months or more or is convicted 13
elsewhere than in New South Wales of an offence that, if 14
committed in New South Wales, would be an offence so 15
punishable, or 16
(i) becomes a member of the Legislative Assembly or Legislative 17
Council of the New South Wales Parliament, or 18
(j) becomes a member of the House of Representatives or Senate of 19
the Commonwealth Parliament, or 20
(k) ceases to be a resident of New South Wales. 21
(2) The Premier may at any time remove a part-time member from office. 22
5 Filling of vacancy in office of part-time member 23
If the office of any part-time member becomes vacant, a person is, 24
subject to this Act, to be appointed to fill the vacancy. 25
6 Disclosure of pecuniary interests 26
(1) If: 27
(a) a member has a direct or indirect pecuniary interest in a matter 28
being considered or about to be considered by the Commission, 29
and 30
(b) the interest appears to raise a conflict with the proper 31
performance of the member's duties in relation to the 32
consideration of the matter, 33
the member must, as soon as possible after the relevant facts have come 34
to the member's knowledge, disclose the nature of the interest at a 35
meeting of the Commission. 36
Page 8
Cross-Border Commission Bill 2011
Constitution and procedure of Commission Schedule 1
(2) A disclosure by a member at a meeting of the Commission that the 1
member: 2
(a) is a member of, or is in the employment of, a specified company 3
or other body, or 4
(b) is a partner of, or is in the employment of, a specified person, or 5
(c) has some other specified interest relating to a specified company 6
or other body or to a specified person, 7
is a sufficient disclosure of the nature of the interest in any matter 8
relating to that company or other body or to that person which may arise 9
after the date of the disclosure and which is required to be disclosed 10
under subclause (1). 11
(3) Particulars of any disclosure made under this clause must be recorded 12
by the Commission in a book kept for the purpose and that book must 13
be open at all reasonable hours to inspection by any person on payment 14
of the fee determined by the Commission. 15
(4) After a member has disclosed the nature of an interest in any matter, the 16
member must not, unless the Premier or the Commission otherwise 17
determines: 18
(a) be present during any deliberation of the Commission with 19
respect to the matter, or 20
(b) take part in any decision of the Commission with respect to the 21
matter. 22
(5) For the purposes of the making of a determination by the Commission 23
under subclause (4), a member who has a direct or indirect pecuniary 24
interest in a matter to which the disclosure relates must not: 25
(a) be present during any deliberation of the Commission for the 26
purpose of making the determination, or 27
(b) take part in the making by the Commission of the determination. 28
(6) A contravention of this clause does not invalidate any decision of the 29
Commission. 30
7 Effect of certain other Acts 31
(1) The Public Sector Employment and Management Act 2002 does not 32
apply to or in respect of the appointment of any part-time member and 33
a part-time member, in the member's capacity as such a member, is not 34
subject to the provisions of that Act. 35
(2) If by or under any Act provision is made: 36
(a) requiring a person who is the holder of a specified office to 37
devote the whole of his or her time to the duties of that office, or 38
Page 9
Cross-Border Commission Bill 2011
Schedule 1 Constitution and procedure of Commission
(b) prohibiting the person from engaging in employment outside the 1
duties of that office, 2
the provision does not operate to disqualify the person from holding that 3
office and also the office of a member or from accepting and retaining 4
any remuneration payable to the person under this Act as a member. 5
Part 2 Procedure 6
8 General procedure 7
The procedure for the calling of meetings of the Commission and for the 8
conduct of business at those meetings is, subject to this Act, to be as 9
determined by the Commission. 10
9 Quorum 11
The quorum for a meeting of the Commission is 3 members, of whom 12
one must be the Chairperson. 13
10 Presiding member 14
(1) The Chairperson is to preside at a meeting of the Commission. 15
(2) The Chairperson has a deliberative vote and, in the event of an equality 16
of votes, has a second or casting vote. 17
11 Voting 18
A decision supported by a majority of the votes cast at a meeting of the 19
Commission at which a quorum is present is the decision of the 20
Commission. 21
12 Transaction of business outside meetings or by telephone 22
(1) The Commission may, if it thinks fit, transact any of its business by the 23
circulation of papers among all the members of the Commission for the 24
time being, and a resolution in writing approved in writing by a majority 25
of those members is taken to be a decision of the Commission. 26
(2) The Commission may, if it thinks fit, transact any of its business at a 27
meeting at which members (or some members) participate by telephone, 28
closed-circuit television or other means, but only if any member who 29
speaks on a matter before the meeting can be heard by the other 30
members. 31
(3) For the purposes of: 32
(a) the approval of a resolution under subclause (1), or 33
Page 10
Cross-Border Commission Bill 2011
Constitution and procedure of Commission Schedule 1
(b) a meeting held in accordance with subclause (2), 1
the Chairperson and each member have the same voting rights as they 2
have at an ordinary meeting of the Commission. 3
(4) A resolution approved under subclause (1) is to be recorded in the 4
minutes of the meetings of the Commission. 5
(5) Papers may be circulated among the members for the purposes of 6
subclause (1) by facsimile or other transmission of the information in 7
the papers concerned. 8
13 First meeting 9
The Premier may call the first meeting of the Commission in such 10
manner as the Premier thinks fit. 11
Page 11
Cross-Border Commission Bill 2011
Schedule 2 Amendment of Public Sector Employment and Management Act 2002
Schedule 2 Amendment of Public Sector 1
Employment and Management Act 2002 2
Schedule 2 Executive positions (other than non-statutory SES positions) 3
Insert at the end of Part 2: 4
Chairperson of the Cross-Border Commission 5
Page 12
[Index] [Search] [Download] [Related Items] [Help]