Northern Territory Consolidated Acts

CONSUMER AFFAIRS AND FAIR TRADING ACT - SCHEDULE 1

sections 14(4), 17

1. Vacation of office

(1) The office of a member of the Council becomes vacant:

(a) on the expiry of the term for which the member was appointed;

(b) if the member dies;

(c) if the member resigns as such by writing signed by the member and delivered to the Minister;

(d) if the member, except with the leave of the Minister, is absent from 3 consecutive meetings of the Council of which reasonable notice has been given to the member either personally or by post;

(e) if the member is found guilty in the Territory of an offence punishable by imprisonment for 12 months or more, or is found guilty elsewhere of an offence which, if committed in the Territory, would be an offence so punishable;

(f) if the member becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, or compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(h) if the member is removed from office by the Minister under subsection (2).

(2) The Minister may remove a member of the Council from office:

(a) for misbehaviour or incapacity;

(b) if it appears to the Minister, after consultation with the Chairman of the Council, that, by reason of a change in the member's circumstances, it is no longer appropriate for the member to continue as such; or

(c) if the member appears to the Minister to have contravened or failed to comply with paragraph 7(1).

2. Filling of casual vacancies

Where a vacancy occurs in the office of a member of the Council otherwise than by the expiry of the term for which the member was appointed, the Minister shall by notice in the Gazette appoint a person to fill the vacancy, and the person so appointed shall hold office as a member for the unexpired period of office of the member in whose stead he or she is appointed.

3. Convening and frequency of Council meetings

(1) The Chairman of the Council shall convene such meetings of the Council as are necessary for the exercise of its powers and the performance of its functions, and so that the interval between one meeting and the next does not exceed 6 months.

(2) The Chairman shall convene a meeting of the Council whenever requested by the Minister to do so.

(3) The Chairman shall convene a meeting by notice in writing to the other members of the Council specifying the time and place at which the meeting is to be held.

4. Presiding at Council meetings

(1) The Chairman of the Council or, in the absence of the Chairman, its Deputy Chairman (if present) shall preside at meetings of the Council.

(2) If the Chairman and the Deputy Chairman are both absent from a meeting, the members of the Council present at the meeting shall elect one of their number to preside for so long as both continue to be absent, and the person elected has during that time all the powers of the Chairman.

5. Procedure at Council meetings

(1) At a meeting of the Council:

(a) 50% of the members of the Council for the time being holding office constitute a quorum;

(b) questions arising shall be decided by a majority of the votes of the members present and voting; and

(c) in the event of an equality of votes on a question, the question shall be taken to have been decided in the negative.

(2) The Council must keep a full and accurate record of its proceedings.

(3) Subject to this Part, the procedure at meetings of the Council shall be as decided by the Council.

6. Committees

Meetings of a committee of the Council shall be convened and conducted in accordance with any directions given by the Council and, subject thereto, in such manner as the committee decides.

7. Members to declare interests

(1) Subject to subparagraph (2), a member of the Council, or of a committee of the Council, who has an interest in any matter before the Council or that committee as the case may be, must declare that interest to the Chairman of the Council (or, in the Chairman's absence, to the Deputy Chairman) and shall not take part in any decision of the Council or committee in respect of that matter.

(2) Subparagraph (1) does not apply to a person's interest in any matter as a consumer.

8. Validity of proceedings

No action or proceeding of the Council or a committee of the Council, or of a member of either, is invalid by reason only of:

(a) a defect in the appointment of a member of the Council or a committee;

(b) a disqualification of such a member;

(c) a defect in the convening or conduct of a meeting of the Council or a committee;

(d) there being a vacancy in the membership of the Council or a committee; or

(e) a contravention of, or failure to comply with, paragraph 7(1).