SCHEDULE 3 - Provisions with Respect to Meetings of Commission

Section 124

1.    Convening of meetings

Meetings of the Commission may be convened by the chairperson of the Commission or by any 2 members of the Commission.

2.    Presiding at meetings

(1) The chairperson of the Commission is to preside at all meetings of the Commission at which the chairperson is present.

(2) If the chairperson of the Commission is not present at a meeting of the Commission, a member of the Commission elected by the members present is to preside at that meeting.

3.    Quorum and voting at meetings

(1) Two members of the Commission form a quorum at any duly convened meeting of the Commission.

(2) Any duly convened meeting of the Commission at which a quorum is present is competent to transact any business of the Commission.

(3) Questions arising at a meeting of the Commission are to be determined by a majority of votes of the members of the Commission present and voting and, in the event of an equality of votes, the person presiding at the meeting has a second or casting vote.

4.    Conduct of meetings

(1) Subject to this Act, the Commission may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.

(2) The Commission may permit members to participate in a particular meeting or all meetings by telephone or any other means of communication.

(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.

(4) Without limiting subclause (1) , the Commission may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

5.    Minutes

The Commission is to keep minutes of its proceedings.

6.    Disclosure of interests

(1) If –

(a) a member of the Commission has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission; and

(b) the interest could conflict with the proper performance of the member's duties in relation to consideration of the matter –

the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to a meeting of the Commission.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting and, unless the Commission otherwise determines, the member is not to –

(a) be present during any deliberation of the Commission in relation to the matter; or

(b) take part in any decision of the Commission in relation to the matter.

(3) For the purpose of making a determination under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates is not to –

(a) be present during any deliberations of the Commission for the purpose of making the determination; or

(b) take part in the making by the Commission of the determination.