New South Wales Consolidated Acts

NON-INDIGENOUS ANIMALS ACT 1987 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to the members of the advisory committee

(Section 7 (6))

2 Chairperson and secretary of the advisory committee

(1) Of the members of the advisory committee referred to in section 7 (4) (a):

(a) one shall, in and by the instrument of the member’s appointment or another instrument executed by the Minister, be appointed as Chairperson of the advisory committee, and

(b) one shall, in and by the instrument of the member’s appointment or another instrument executed by the Minister, be appointed as Secretary of the advisory committee and shall have and may exercise the functions of a secretary but shall have no right to vote on any matter before the committee.

(2) A person who is the Chairperson shall be deemed to have vacated office as Chairperson if the person ceases to be a member.

3 Term of office

Subject to this Schedule, a member of the advisory committee 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.

4 Remuneration

A member of the advisory committee 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.

5 Filling of vacancy in office of member

If the office of any member of the advisory committee becomes vacant, a person shall be appointed to fill the vacancy.

6 Casual vacancies

(1) A member of the advisory committee shall be deemed to have vacated office if the member:

(a) dies,

(b) absents himself or herself from 4 consecutive meetings of the advisory committee of which reasonable notice has been served on the member, 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 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,

(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 advisory committee from office.

(3) Without affecting the generality of subclause (2), the Minister may remove a member of the advisory committee from office if the member contravenes the provisions of clause 7.

7 Disclosure of pecuniary interests

(1) A member of the advisory committee who has a direct pecuniary interest:

(a) in a matter that is being considered, or is about to be considered, at a meeting of the advisory committee, or

(b) in a thing being done or about to be done by the advisory committee,

shall, as soon as possible 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 of the advisory committee at a meeting of the committee 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 advisory committee 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 on payment of such fee as may be determined by the advisory committee from time to time.

(4) After a member of the advisory committee has, or is deemed to have, disclosed the nature of an interest in any matter or thing, the member shall not, unless the Minister otherwise determines:

(a) be present during any deliberation of the advisory committee, or take part in any decision of the advisory committee, 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 advisory committee contravenes the provisions of this clause, that contravention does not invalidate any decision of the advisory committee 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 advisory committee in a matter or thing which arises only because the member is a member of or associated with any institution, organisation or body mentioned in section 7 (4).

(7) A reference in this clause to a meeting of the advisory committee includes a reference to a meeting of a subcommittee of the advisory committee.

8 Effect of certain other Acts

(1) If by or under any other 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,

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

(2) The office of a member of the advisory committee shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.