New South Wales Consolidated Acts

AGRICULTURAL LIVESTOCK (DISEASE CONTROL FUNDING) ACT 1998 - SCHEDULE 1

SCHEDULE 1 – Constitution and procedure of industry advisory committees

(Section 8)

1 Definitions

In this Schedule:
"Chairperson" means the Chairperson of an industry advisory committee.
"member" means any member of an industry advisory committee.

2 Terms of office of members

Subject to this Schedule, a member holds office for such period as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Allowances

A member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.

4 Deputies

(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.

(2) In the absence of a member, the member’s deputy may, if available, act in the place of the member.

(3) While acting in the place of a member, a person:

(a) has all the functions of the member and is taken to be a member, and

(b) is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.

(4) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.

5 Vacancy in office of member

(1) The office of a member becomes vacant if the member:

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) resigns the office by instrument in writing addressed to the Minister, or

(d) is removed from office by the Minister under this clause, or

(e) is absent from 4 consecutive meetings of the industry advisory committee of which reasonable notice has been given to the member personally or by post, except on leave granted by the committee or unless the member is excused by the committee for having been absent from those meetings.

(2) The Minister may at any time remove a member from office.

6 Filling of vacancy in office of member

If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

7 Effect of certain other Acts

(1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.

(2) If by or under any Act provision is made:

(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

(b) prohibiting the person from engaging in employment outside the duties of that office,

the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

8 General procedure

The procedure for the calling of meetings of an industry advisory committee and for the conduct of business at those meetings is, subject to this Act, the regulations and any direction of the Minister, to be as determined by the committee.

9 Quorum

The quorum for a meeting of an industry advisory committee is a majority of its members.

10 Presiding member

(1) The Chairperson (or, in the absence of the Chairperson, a person elected by the members present to chair the meeting) is to preside at a meeting of an industry advisory committee.

(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

11 Voting

A decision supported by a majority of the votes cast at a meeting of an industry advisory committee at which a quorum is present is the decision of the committee.

12 Transaction of business outside meetings or by telephone

(1) An industry advisory committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the committee for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the committee.

(2) An industry advisory committee may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3) For the purposes of:

(a) the approval of a resolution under subclause (1), or

(b) a meeting held in accordance with subclause (2),

the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the committee.

(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the committee.

(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

13 First meeting

The Minister may call the first meeting of an industry advisory committee in such manner as the Minister thinks fit.