INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SCHEDULE 3A
INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SCHEDULE 3A
SCHEDULE 3A – Utilities Licence Auditing Advisory Committee
Part 1 - Preliminary
1 Definitions
In this Schedule--
"Advisory Committee" means the Utilities Licence Auditing Advisory Committee
established by section 24FD.
"Chairperson" means the Chairperson of the Advisory Committee.
"member" means a member of the Advisory Committee.
Part 2 - Members
2 Chairperson
The Chairperson is to be selected by the Minister from among the members.
3 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--(a) may, if available, act in the place of the member, and(b) while so acting, has the functions of the member and is taken to be the member.
(3) A person while acting in the place of a member 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.
4 Terms of office of members
Subject to this Schedule, a member holds office for such period (not exceeding 3 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for reappointment.
5 Remuneration
A member 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 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 reappointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this Schedule or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or(e) 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(f) becomes a mentally incapacitated person, or(g) 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, or(h) is absent from 3 consecutive meetings of the Advisory Committee of which reasonable notice has been given to the member, except on leave granted by the Advisory Committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Advisory Committee for having been absent from the meetings.
(2) The Minister may remove a member from office at any time.
7 Disclosure of pecuniary interests
(1) If--(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Advisory Committee, and(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,the member must, 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 Advisory Committee.
(2) A disclosure by a member at a meeting of the Advisory Committee that the member--(a) is a member or officer, or is in the employment, of a specified company or other body, or(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 to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause are to be recorded in a book kept by the Advisory Committee for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Advisory Committee.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or Advisory Committee otherwise determines--(a) be present during any deliberation of the Advisory Committee with respect to the matter, or(b) take part in any decision of the Advisory Committee with respect to the matter.
(5) For the purpose of the making of a determination by the Advisory Committee under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not--(a) be present during any deliberation of the Advisory Committee for the purpose of making the determination, or(b) take part in the making by the Advisory Committee of the determination.
(6) A contravention of this clause does not invalidate any decision of the Advisory Committee.
8 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.
9 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to 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 such a member.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
Part 3 - Procedure
10 General procedure
The procedure for calling meetings of the Advisory Committee and for the conduct of business at those meetings is, subject to this Act, to be as determined by the Advisory Committee.
11 Quorum
The quorum for a meeting of the Advisory Committee is a majority of members for the time being.
12 Presiding member
(1) The Chairperson is to preside at a meeting of the Advisory Committee.
(2) The Chairperson has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
13 Voting
A decision supported by a majority of the votes cast at a meeting of the Advisory Committee at which a quorum is present is a decision of the Advisory Committee.
14 Transaction of business outside meeting or by telephone or other means
(1) The Advisory Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members 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 Advisory Committee.
(2) The 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 other member have the same voting rights as they have at an ordinary meeting of the Advisory Committee.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meeting of the Advisory Committee.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other means for transmission of the information in the papers concerned.
15 Minutes
(1) The Advisory Committee is to ensure that full and accurate minutes of all its proceedings are kept.
(2) The Advisory Committee is to submit a copy of the minutes of a meeting of the Advisory Committee to the Minister and the Chairperson of the Tribunal within 14 days after the meeting is held.
16 First meeting
The Minister may call the first meeting of the Advisory Committee in such manner as the Minister thinks fit.