ANIMAL RESEARCH ACT 1985 - SCHEDULE 1
ANIMAL RESEARCH ACT 1985 - SCHEDULE 1
SCHEDULE 1 – Provisions relating to the members of the Panel
(Section 6 (6))
2 Chairperson of the Panel
(1) Of the members of the Panel one shall, in and by the relevant instrument of appointment as such a member or by another instrument executed by the Minister, be appointed as Chairperson of the Panel.
(2) The Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.
(3) A person who is the Chairperson shall be deemed to have vacated office as Chairperson if the person--(a) resigns that office by instrument in writing addressed to the Minister,(b) ceases to be a member of the Panel, or(c) is removed from that office by the Minister under subclause (4).
(4) The Minister may remove a member of the Panel from the office of Chairperson.
2A Deputy Chairperson
(1) Of the members of the Panel, one is, in and by the relevant instrument of appointment as such a member or in and by another instrument executed by the Minister, to be appointed as Deputy Chairperson of the Panel.
(2) A person who is the Deputy Chairperson vacates office if the person--(a) resigns that office by instrument in writing addressed to the Minister, or(b) ceases to be a member of the Panel, or(c) is removed from office by the Minister under subclause (3).
(3) The Minister may remove a member of the Panel from the office of Deputy Chairperson.
3 Acting members and acting Chairperson
(1) The Minister may, from time to time, appoint a person to act in the office of a member of the Panel during the illness or absence of the member, and the person, while so acting, shall have and may exercise all the functions of the member and shall be deemed to be a member of the Panel.
(2) The Minister may, from time to time, appoint a member of the Panel to act in the office of Chairperson during the illness or absence of the Chairperson, and the member, while so acting, shall have and may exercise all the functions of the Chairperson and shall be deemed to be the Chairperson.
(3) The Minister may remove any person from any office to which the person was appointed under this clause.
(4) A person while acting in the office of a member of the Panel is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
(5) For the purposes of this clause, a vacancy in the office of a member of the Panel or in the office of Chairperson shall be deemed to be an absence from office of the member or Chairperson, as the case may be.
4 Term of office
Subject to this Schedule, a member of the Panel shall hold office for such period, not exceeding 3 years, as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
5 Remuneration
A member of the Panel is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
6 Filling of vacancy in office of member
If the office of any member of the Panel becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.
7 Casual vacancies
(1) A member of the Panel shall be deemed to have vacated office if the member--(a) dies,(b) absents himself or herself from 4 consecutive meetings of the Panel of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for being absent from those meetings,(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,(d) becomes a mentally incapacitated person,(e) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards or is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be an offence so punishable,(f) resigns the office by instrument in writing addressed to the Minister, or(h) is removed from office by the Minister under subclause (2) or (3).
(2) The Minister may remove a member of the Panel from office.
(3) Without limiting the generality of subclause (2), the Minister may remove a member of the Panel from office if the member contravenes the provisions of clause 8.
8 Disclosure of pecuniary interests
(1) A member of the Panel who has a direct or indirect pecuniary interest--(a) in a matter that is being considered, or is about to be considered, at a meeting of the Panel, or(b) in a thing being done or about to be done by the Panel,shall, as soon as practicable after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Panel.
(2) A disclosure by a member of the Panel at a meeting of the Panel that the member--(a) is a member, or is in the employment, of a specified company or other body,(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or a specified person,shall be deemed to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.
(3) The Panel shall cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person.
(4) After a member of the Panel has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the member shall not, unless the Minister otherwise determines--(a) be present during any deliberation of the Panel, or take part in any decision of the Panel, with respect to that matter, or(b) exercise any functions under this Act with respect to that thing,as the case requires.
(5) Notwithstanding that a member of the Panel contravenes the provisions of this clause, that contravention does not invalidate any decision of the Panel or the exercise of any function under this Act.
(6) Nothing in this clause applies to or in respect of an interest of a member of the Panel in a matter or thing which arises by reason only that the member--(a) is associated with an accredited research establishment, or(b) is entitled to a share of any profits of an accredited research establishment,other than a research establishment which is, or which belongs to a class of research establishments which are, the subject of that matter or thing.
(7) A reference in this clause to a meeting of the Panel includes a reference to a meeting of a committee of the Panel.
9 Effect of certain other Acts
(1) The Government Sector Employment Act 2013 does not apply to or in respect of the appointment of a member of the Panel and a member of the Panel is not, as such a member, subject to that Act.
(2) Where by or under any other Act provision is made requiring a person who is the holder of an office specified therein to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, that provision shall not operate to disqualify the person from holding that office and also the office of a member of the Panel or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(3) The office of a member of the Panel shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.