South Australian Consolidated Acts

DEVELOPMENT ACT 1993 - SECT 13

13—Procedures

        (1)         A quorum at a meeting of a statutory body consists of a number of members of the statutory body equal to—

            (a)         if the total number of members of the statutory body is even—half that number plus one; or

            (b)         if the total number of members of the statutory body is odd—the first integer that is greater than half that number,

and no business may be transacted at a meeting of the statutory body unless a quorum is present.

        (2)         A decision carried by a majority of the votes cast by members present at a meeting is a decision of the statutory body.

        (3)         Each member present at a meeting of a statutory body is entitled to one vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote.

        (4)         A conference between members constituting a quorum by telephone or audio-visual means is a valid meeting of a statutory body if—

            (a)         a notice of the conference is given to all members in the manner determined by the statutory body for that purpose; and

            (b)         the system of communication allows a participating member to communicate with any other participating member during the conference.

        (5)         A member of a statutory body who has a direct or indirect personal or pecuniary interest in a matter before the statutory body (other than an indirect interest that exists in common with a substantial class of persons)—

            (a)         must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the statutory body; and

            (b)         must not take part in any hearings conducted by the statutory body, or in any deliberations or decision of the statutory body, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made.

Penalty: Division 4 fine.

        (5a)         Without limiting the effect of subsection (5), a member of a statutory body will be taken to have an interest in a matter for the purposes of that subsection if an associate of the member has an interest in the matter.

        (6)         Subject to this Act, a statutory body may determine its own procedures.

        (7)         A statutory body must have accurate minutes kept of its proceedings.