New South Wales Consolidated Acts

AGRICULTURAL LIVESTOCK (DISEASE CONTROL FUNDING) ACT 1998 - SECT 8A

8A Fund administrators

(1) The Minister may, in an order made under section 6 or by subsequent order published in the Gazette, appoint any of the following to be the fund administrator for an industry fund established (or to be established) for a designated disease control program if satisfied that the person or persons is or are qualified to administer the fund:

(a) the Director-General,

(b) the Rural Assistance Authority,

(c) a statutory corporation or any other body corporate,

(d) the trustees of a trust (but only if the Minister is satisfied that the trust deed makes appropriate provision for the trustees to administer the fund).

(2) For the purposes of this Act, if the fund administrator for an industry fund consists of more that one trustee:

(a) any function conferred or imposed by or under this Act on the fund administrator is taken to be conferred or imposed on each trustee, and

(b) if a decision is not supported by all the trustees-a decision of the majority of the trustees is taken to be the decision of the fund administrator, and

(c) any trustee who knowingly authorised or permitted a contravention of a provision of this Act or the regulations by another trustee is also taken to have contravened the provision and is liable on conviction to any penalty specified for a contravention of the provision.

(3) A fund administrator for an industry fund is subject to the direction and control of the Minister except in relation to any advice or report given to the Director-General or Minister concerning the operation of the fund.

(4) Nothing in subsection (3) authorises the Minister to direct a fund administrator for an industry fund who administers the fund as a trustee to do an act, or omit to do an act, that would constitute a breach of the trust concerned.

(5) If a fund administrator for an industry fund is not the Director-General, it is the duty of the Director-General to keep under review the activities of the administrator and to make regular reports to the Minister on the administration of the fund by the administrator.