New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 4 (5) and 6A (5))
In this Schedule:
"Chairperson" means Chairperson of the Committee or Chairperson of the
Advisory Group, as the context requires.
"member" means member of the Committee or member of the Advisory Group, as the
context requires.
(1) The Chairperson may, from time to time, appoint a person to act in the office of a member 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.
(2) The Chairperson may, from time to time, appoint an officer of the Department to act in the office of Chairperson during the illness or absence of the Chairperson, and the officer, while so acting, shall have and may exercise all the functions of the Chairperson and shall be deemed to be the Chairperson.
(3) The Chairperson 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 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 shall be deemed to be an absence from office of the member.
Subject to this Act, a member shall hold office for a term not exceeding 2 years, but is eligible (if otherwise qualified) for re-appointment.
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.
(1) On the occurrence of a vacancy in the office of a member otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to the vacant office for the residue of the predecessor’s term of office so that the Committee or Advisory Group is duly constituted.
(3) A member appointed pursuant to this clause is eligible (if otherwise qualified) for re-appointment.
(1) A member shall be deemed to have vacated office if the member:(a) dies,(b) absents himself or herself from 3 consecutive meetings of the Committee or Advisory Group 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 6 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 temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(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 from office.
(3) Without affecting the generality of subclause (2), the Minister may remove from office a member who contravenes the provisions of clause 8.
(1) A member 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 Committee or Advisory Group, or(b) in a thing being done or about to be done by the Committee or Advisory Group,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 Committee or Advisory Group.
(2) A disclosure by a member at a meeting of the Committee or Advisory Group 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 Committee or Advisory Group 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 Committee or Advisory Group from time to time.
(4) After a member 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 Committee or Advisory Group, or take part in any decision of the Committee or Advisory Group, with respect to that matter, or(b) exercise any function under this Act with respect to that thing,as the case requires.
(5) Notwithstanding that a member contravenes the provisions of this clause, that contravention does not invalidate any decision of the Committee or Advisory Group 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 in a matter or thing which arises by reason only that the member is a processor, grower or consumer of designated poultry.
(7) A reference in this clause to a meeting of the Committee or Advisory Group includes a reference to a meeting of a committee of the Committee or Advisory Group.
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of a member and a member is not, as a member, subject to that Act.
(2) The office of a member shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.
No matter or thing done by the Committee or Advisory Group, any member or any person acting under the direction of the Committee or Advisory Group shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.