FISHERIES MANAGEMENT ACT 1994 - SCHEDULE 3
FISHERIES MANAGEMENT ACT 1994 - SCHEDULE 3
SCHEDULE 3 – Provisions relating to members of the Share Management Fisheries Appeal Panel
1 Definitions
In this Schedule--
"appointed member" means a member of the Panel other than the Secretary or the
Secretary's nominee.
"member" means a member of the Panel.
"Panel" means a Share Management Fisheries Appeal Panel constituted by
Division 9 of Part 3.
2 Deputy Chairperson
(1) The Minister may, from time to time, appoint a person to be the deputy of the Chairperson of a Panel, and may at any time revoke any such appointment.
(2) In the absence of the Chairperson, the deputy--(a) may, if available, act in the place of the Chairperson, and(b) while so acting, has all the functions of the Chairperson and is to be taken to be the Chairperson.
(3) A person while acting in the place of the Chairperson is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.
3 Terms of office of appointed member
Subject to this Schedule, an appointed member holds office for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
4 Allowances for appointed member
An appointed member is entitled to be paid such allowances as the Minister from time to time determines in respect of the member.
5 Vacancy in office of appointed member
(1) The office of an appointed 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 3 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 having been absent from those meetings, or(f) 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, or(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Minister may remove an appointed member from office for misbehaviour, incapacity or incompetence.
6 Filling of vacancy in office of appointed member
If the office of an appointed member becomes vacant, a person is, subject to this Act, required to be appointed to fill the vacancy.
7 Effect of certain other Acts
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 Personal liability of members etc
A matter or thing done by a Panel, a member of a Panel or any person acting under the direction of a Panel does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the member or a person so acting personally to any action, liability, claim or demand.