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TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 3

TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 3

SCHEDULE 3 – Provisions relating to Transport Advisory Board

1 Definition

In this Schedule--


"member" means an ex-officio or appointed member of the Advisory Board.

3 Chairperson of Advisory Board

(1) Of the appointed members of the Advisory Board, one is (in and by the member's instrument of appointment or in and by another instrument executed by the Minister) to be appointed as Chairperson of the Advisory Board.
(2) The Minister may remove a member from the office of Chairperson of the Advisory Board at any time.
(3) A person who is a member and Chairperson of the Advisory Board vacates office as Chairperson if the person--
(a) is removed from that office by the Minister, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a member.

4 Deputies of members

(1) A member may, from time to time, appoint a person to be his or her deputy, and the member or the Minister may revoke any such appointment.
(2) In the absence of a member, the member's deputy--
(a) shall, if available, act in the place of the member, and
(b) while so acting, has all the functions of the member and shall be taken to be a member.
(3) The deputy of a member who is Chairperson of the Advisory Board has the member's functions as Chairperson.
(4) 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.

5 Terms of office

Subject to this Schedule, an appointed member shall hold office for such period (not exceeding 3 years) as may be specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

6 Remuneration

An appointed 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.

7 Vacancy in office of 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 4 consecutive meetings of the Advisory Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Advisory Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Advisory Board 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 at any time.

8 Filling of vacancy in office of member

If the office of an appointed member becomes vacant, a person shall, subject to this Act, 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 an appointed 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 an appointed member or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(3) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.

9A Personal liability

A matter or thing done or omitted to be done by the Advisory Board, a member of the Advisory Board or a person acting under the direction of the Advisory Board does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.

10 General procedure

The procedure for the calling of meetings of the Advisory Board and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Advisory Board.

11 Quorum

The quorum for a meeting of the Advisory Board is a majority of the members for the time being.

12 Presiding member

(1) The Chairperson of the Advisory Board or, in the absence of the Chairperson, another member elected to chair the meeting by the members present shall preside at a meeting of the Advisory Board.
(2) The person presiding at any meeting of the Advisory Board 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 Board at which a quorum is present is the decision of the Advisory Board.

14 First meeting

The Minister shall call the first meeting of the Advisory Board in such manner as the Minister thinks fit.