New South Wales Consolidated Acts

WILD DOG DESTRUCTION ACT 1921 - SECT 3A

3A The Wild Dog Destruction Board

(1) There shall be constituted for the purposes of this Act a Wild Dog Destruction Board.

(2)

(a) The board shall be a body corporate under the name of “The Wild Dog Destruction Board” with perpetual succession and a common seal and shall be capable by that name of suing and being sued and, subject to this Act, of purchasing, holding, granting, demising, disposing of or otherwise dealing with real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(b) All courts and persons having by law or consent of parties authority to hear, receive, and examine evidence shall take judicial notice of the seal of the board affixed to any document and shall, until the contrary is proved, presume that such seal was properly affixed thereto.

(2A) The board cannot employ any staff.

Note: Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the board to exercise its functions.

(3) The board shall consist of six members.

(4) The Commissioner shall be a member and the chairperson of the board. During such time as the Commissioner is prevented by absence, illness or otherwise from acting in the office of chairperson of the board an Assistant Western Lands Commissioner to be nominated by the Commissioner shall act as chairperson of the board and while so acting such Assistant Western Lands Commissioner shall be deemed to be a member of the board and shall have the powers, authorities, duties and functions of the chairperson.

(5) The remaining members (hereinafter referred to as "appointed members") shall be appointed by the Governor. Of the members so appointed:

(a) two are to be appointed on the nomination of the livestock health and pest authority for the Western Livestock Health and Pest District,

(b) one is to be appointed on the nomination of the livestock health and pest authority for the Darling Livestock Health and Pest District,

(d) one shall be appointed on the nomination of the Pastoralists’ Association of West Darling,

(e) one shall be appointed on the nomination of the New South Wales Farmers’ Association Western Division Council.

(6) No person shall be nominated or appointed as a member of the board unless that person is ordinarily resident in the Western Division and is ordinarily engaged in pastoral pursuits on land within that Division.

(7) The provisions of the Public Sector Management Act 1988 shall not apply to or in respect of the appointment of any member of the board, and any such member shall not, in his or her capacity as such member, be subject to the provisions of that Act during his or her term of office.

(8) If any of the livestock health and pest authorities specified in subsection (5) is dissolved or the association or council so specified ceases to exist or any body which has in accordance with the provisions of this subsection been substituted for any such authority, association or council ceases to exist the Minister may, by notice published in the Gazette, declare that some other body specified in the notice (being a body which, in the opinion of the Minister, has similar objects or represents similar interests to those of or represented by the authority, association, council or body for which it is being substituted) shall be substituted for such authority, association, council or body, and thereupon subsection (5) shall, until a further notice in respect of such authority, association, council or body is so published under the provisions of this subsection, be deemed to be amended by deleting therefrom the name of such authority, association, council or body and by inserting in lieu thereof the name of the body so substituted.

(9) An appointed member shall, subject to this Act, hold office for three years and shall, if otherwise qualified, be eligible for reappointment.

(11) Meetings of the board shall be held at such times and at such places as are from time to time determined by the chairperson but a meeting of the board shall be held not less than once in every three months.

(12) A quorum of the board shall consist of the chairperson of the board or the Assistant Western Lands Commissioner authorised by subsection (4) to act as chairperson and two other members of the board.

(13) The chairperson of the board or in the chairperson’s absence the Assistant Western Lands Commissioner authorised by subsection (4) to act as chairperson shall preside at all meetings of the board and, in the event of an equality of votes, shall have a casting vote as well as a deliberative vote.

(14) No act or proceeding of the board shall be invalidated or prejudiced by reason only of the fact that, at the time such act or proceeding was done, taken or commenced, there was a vacancy in the office of any appointed member.

(15) The appointed members shall be entitled to receive such fees and travelling or other expenses as the Minister may from time to time determine.