New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 4 (5))
The employment of the General Manager is subject to Part 2A of the Public Sector Management Act 1988 , but is not subject to Part 2 of that Act.
(1) Of the part-time members, one shall, in and by the relevant instrument of appointment as such a member, or by another instrument executed by the Governor, be appointed as Chairperson of Tourism New South Wales.
(2) The Governor may remove a part-time member from the office of Chairperson.
(3) A person who is a part-time member and Chairperson shall be deemed to have vacated office as Chairperson if the person:(a) is removed from that office by the Governor under subclause (2),(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a part-time member.
(1) The Governor may, from time to time, appoint a person to act in the office of an appointed 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.
(2) The Governor may, from time to time, appoint a part-time member to act in the office of Chairperson during the illness or absence of the Chairperson, and the part-time member, while so acting, shall have and may exercise all the functions of the Chairperson.
(3) The Governor may remove any person from any office to which the person was appointed under subclause (1) or (2).
(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) a vacancy in the office of a member or the Chairperson shall be deemed to be an absence from office of the member or Chairperson, as the case may be, and(b) a part-time member shall be deemed to be absent from office as a part-time member during any period that the member acts in the office of the General Manager pursuant to an appointment under subclause (1).
(6) In subclause (2), clauses 9 and 10 and Schedule 2:(a) a reference to a member or part-time member includes a reference to a person acting in the office of a member or part-time member,(b) a reference to the appointment of a member includes a reference to the appointment of a person to act in the office of a member, and(c) a reference to the office of a member or part-time member includes a reference to the office of a person appointed to act in the office of a member or part-time member.
Subject to this Schedule, a part-time member holds office for such term (not exceeding 5 years) as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A part-time 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 part-time member.
In the event of the office of an appointed member becoming vacant a person shall, subject to this Act, be appointed to fill the vacancy.
(1) A part-time member shall be deemed to have vacated office if the member:(a) dies,(c) absents himself or herself from 4 consecutive meetings of Tourism New South Wales 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 (which leave the Minister is hereby authorised to grant) 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,(d) 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,(e) 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,(f) 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,(h) resigns the office by instrument in writing addressed to the Minister, or(k) is removed by the Governor under this clause or under Part 8 of the Public Sector Management Act 1988 .
(4) The Governor may remove a part-time member from office.
(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 Tourism New South Wales, or(b) in a thing being done or about to be done by Tourism New South Wales,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 Tourism New South Wales.
(2) A disclosure by a member at a meeting of Tourism New South Wales 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) Tourism New South Wales 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 Tourism New South Wales 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 Tourism New South Wales, or take part in any decision of Tourism New South Wales, with respect to that matter, or(b) exercise any function under this Act with respect to that thing,as the case may require.
(5) Notwithstanding that a member contravenes the provisions of this clause, that contravention does not invalidate any decision of Tourism New South Wales 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 member of any body concerned in the promotion of tourism.
(7) A reference in this clause to a meeting of Tourism New South Wales includes a reference to a meeting of a committee of Tourism New South Wales.
(1) The Public Service Act 1979 does not apply to or in respect of the appointment of a part-time member and a part-time member is not, as a member, subject to that Act.
(2) Where by or under any other Act provision is made requiring a person who is the holder of an office specified therein to devote the whole of his or her time to the duties of that office, or 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 part-time member (or as the member referred to in section 4 (3) (b)) or from accepting and retaining any remuneration payable to the person under this Act as a part-time member.
(3) The office of a part-time 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 Tourism New South Wales, and no matter or thing done by any member or by any person acting under the direction of Tourism New South Wales shall, if the matter or thing was done bona fide 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 whatever.