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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Forest Products Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
4. Meaning of forest products 4
Part 2 -- Forest Products Commission
5. Forest Products Commission established 5
6. Commissioners 5
7. Constitution, proceedings etc. 6
8. Remuneration of commissioners 6
Part 3 -- Functions of Commission
9. Compliance with written laws 7
10 . Functions of Commission 7
11 . Duty to act in accordance with policy instruments 10
12 . Principles on which Commission is to act 10
13 . Delegation 11
Part 4 -- Accountability
Division 1 -- Ministerial directions and provision
of information
14 . Minister may give directions 12
15 . Minister to have access to information 13
16 . Consultation 14
17 . Minister to be kept informed 14
18 . Notice of financial difficulty 15
page i
76--1
Forest Products Bill 1999
Contents
Division 2 -- Strategic development plans and
statements of corporate intent
Subdivision 1 -- Strategic development plans
19 . Draft strategic development plan to be submitted to
Minister 15
20 . Period to which strategic development plan relates 16
21 . Matters to be included in strategic development plan 16
22 . Strategic development plan to be agreed if possible 16
23 . Minister's powers in relation to draft strategic
development plan 17
24 . Strategic development plan pending agreement 17
25 . Minister's agreement to draft strategic development
plan 18
26 . Modifications of strategic development plan 18
27 . Concurrence of Treasurer 18
Subdivision 2 -- Statement of corporate intent
28 . Draft statement of corporate intent to be submitted to
Minister 19
29 . Period to which statement of corporate intent relates 19
30 . Matters to be included in statement of corporate intent 19
31 . Statement of corporate intent to be agreed if possible 20
32 . Minister's powers in relation to draft statement of
corporate intent 21
33 . Statement of corporate intent pending agreement 21
34 . Minister's agreement to draft statement of corporate
intent 22
35 . Modifications of statement of corporate intent 22
36 . Concurrence of Treasurer 23
Part 5 -- Staff
37 . General Manager 24
38 . Other staff 24
39 . Use of other government staff, etc. 25
Part 6 -- Financial provisions
40 . Funds of Commission 26
41 . Forest Products Account 26
42 . Liability of Commission for duties, taxes, rates etc. 27
43 . Dividends 28
page ii
Forest Products Bill 1999
Contents
44 . Borrowing from Treasurer 29
45 . Other borrowing 29
46 . Guarantee by Treasurer 30
47 . Effect of guarantee 30
48 . Charges for guarantees 31
49 . Application of Financial Administration and Audit
Act 1985 31
Part 7 -- Contracts for harvesting or sale of
forest products
50 . Definitions 32
51 . Contracts generally 32
52 . Harvesting contracts and related arrangements 32
53 . Production contracts subject to relevant management
plan 33
54 . Components of contract price 34
55 . Contractors' access to timber on leases or other
tenements 35
56 . Contracts subject to this Act and the CALM Act 35
Part 8 -- Enforcement powers
57 . Authorized person 36
58 . Entry and seizure powers in relation to contracts 36
59 . Entry to sawmills 37
60 . Seizure powers in relation to offences 37
Part 9 -- Miscellaneous
61 . Advisory committees 38
62 . Protection from liability for wrongdoing 39
63 . Execution of documents by Commission 39
64 . Supplementary provision about laying documents
before Parliament 40
65 . Regulations 41
66 . Review of Act 42
67 . Consequential amendments 43
page iii
Forest Products Bill 1999
Contents
Schedule 1 -- Commissioners
Division 1 -- Tenure, conditions and proceedings
of the commissioners
1. Definition 44
2. Presiding member 44
3. Term of office 44
4. Resignation, removal etc. 44
5. Leave of absence 45
6. Commissioner unable to act 45
7. Saving 45
8. Commissioner not a public service officer by virtue of
appointment as commissioner 46
9. Co-opted commissioners and participation of General
Manager 46
10 . General procedure 46
11 . Quorum 46
12 . Voting 46
13 . Minutes 47
14 . Decisions may be made without meeting 47
15 . Telephone or video meetings 47
16 . Committees 47
Division 2 -- Disclosure of interests, etc.
17 . Disclosure of interests 47
18 . Voting by interested commissioners 48
19 . Clause 18 may be declared inapplicable 48
20 . Quorum where clause 18 applies 48
21 . Minister may declare clauses 18 and 20 inapplicable 49
Schedule 2 -- General Manager
1. Appointment 50
2. Tenure of office 50
3. Salary, conditions of appointment 50
4. Removal from office 50
5. Superannuation 51
6. Portability of entitlements of General Manager 51
page iv
Forest Products Bill 1999
Contents
Schedule 3 -- Consequential amendments
1. Constitution Acts Amendment Act 1899 amended 52
2. Financial Administration and Audit Act 1985
amended 52
3. Statutory Corporations (Liability of Directors)
Act 1996 amended 52
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
Forest Products Bill 1999
A Bill for
An Act to establish the Forest Products Commission and for related
matters.
The Parliament of Western Australia enacts as follows:
page 1
Forest Products Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Forest Products Act 1999.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Definitions
In this Act, unless the contrary intention appears --
"Account" means the Forest Products Account referred to in
section 41;
10 "CALM Act" means the Conservation and Land Management
Act 1984;
"CALM Act Minister" means the Minister administering the
CALM Act;
"Commission" means the Forest Products Commission
15 established by section 5(1);
"commissioner" means a person who is a commissioner under
section 6(1);
"Conservation Commission" means the Conservation
Commission of Western Australia established by the
20 CALM Act;
"Department" means the Department of Conservation referred
to in section 32 of the CALM Act;
"departmental land" means --
(a) State forest and timber reserves within the meaning
25 of the CALM Act;
(b) land that is the subject of a declaration under
section 87(2) of the CALM Act; or
(c) land held by the Executive Director under section 131
of the CALM Act;
page 2
Forest Products Bill 1999
Preliminary Part 1
s. 3
"Executive Director" means the Executive Director of the
Department referred to in section 36(1) of the CALM Act;
"firewood" does not include firewood that, under the CALM
Act --
5 (a) may be removed by members of the public from an
area set aside under that Act as a public firewood
area; or
(b) may be used on a campfire or barbecue in the
immediate vicinity of a camping area or picnic area;
10 "forest products" has the meaning given by section 4;
"General Manager" means the person holding or acting in the
office mentioned in section 37(1);
"harvesting" means --
(a) felling or cutting forest products;
15 (b) taking or removing forest products;
(c) in the case of felled trees, or parts of felled trees,
measuring them; and
(d) delivering forest products to a buyer or transporting
forest products to a place where they can be collected
20 by a buyer;
"production contract" has the meaning given by section 50;
"profit", in relation to the exploitation of forest products
produced on public land, means an appropriate return to the
State for that exploitation;
25 "public land" means --
(a) Crown land as defined in section 87 of the CALM
Act; or
(b) departmental land;
"relevant management plan" has the meaning given by
30 section 50;
"sharefarmed land" means land that is the subject of a timber
sharefarming agreement;
page 3
Forest Products Bill 1999
Part 1 Preliminary
s. 4
"staff member" means a member of the Commission's staff
other than the General Manager (including an officer or
employee referred to in section 39(1));
"timber sharefarming agreement" means an agreement
5 referred to in section 34B of the CALM Act to which the
Commission, through the agency of the Executive Director,
is a party;
"the commissioners" means the commissioners acting as the
governing body of the Commission under section 6(4);
10 the terms "management plan", "State forest", "timber",
"timber reserve" and "tree" have the same meanings as
they have in the CALM Act.
4. Meaning of forest products
(1) Subject to subsection (2) --
15 (a) trees or parts of trees;
(b) timber, sawdust or chips;
(c) charcoal, gum, kino, resin or sap; and
(d) firewood,
are "forest products" for the purposes of this Act if they are
20 located on public land or sharefarmed land.
(2) When something referred to in subsection (1) has been removed
under a contract or arrangement entered into by the
Commission, any residues that remain are not forest products
for the purposes of this Act.
page 4
Forest Products Bill 1999
Forest Products Commission Part 2
s. 5
Part 2 -- Forest Products Commission
5. Forest Products Commission established
(1) A body called the Forest Products Commission is established.
(2) The Commission is a body corporate with perpetual succession.
5 (3) Proceedings may be taken by or against the Commission in its
corporate name.
(4) The Commission is an agent of the Crown in right of the State
and, except as provided in sections 9 and 42, enjoys the status,
immunities and privileges of the Crown.
10 6. Commissioners
(1) The Commission is to have 7 commissioners appointed by the
Governor on the nomination of the Minister as having such
expertise in commercial activities as is relevant to the functions
of the Commission.
15 (2) The Governor is to appoint 2 of the commissioners to be the
chairman of the Commission and the deputy chairman of the
Commission respectively.
(3) A person is ineligible to be appointed or hold office as a
commissioner if the person is --
20 (a) the General Manager or a staff member;
(b) a member of the Conservation Commission or a member
of its staff;
(c) the Executive Director or an employee of the
Department.
25 (4) The commissioners are the governing body of the Commission.
(5) The commissioners, in the name of the Commission, are to
perform the functions, determine the policies and control the
affairs of the Commission.
page 5
Forest Products Bill 1999
Part 2 Forest Products Commission
s. 7
7. Constitution, proceedings etc.
Schedule 1 has effect with respect to commissioners and
meetings and proceedings of the commissioners.
8. Remuneration of commissioners
5 (1) A commissioner is to be paid such remuneration and travelling
and other allowances as are determined in the commissioner's
case by the Minister on the recommendation of the Minister for
Public Sector Management.
(2) A commissioner who is an employee (as defined in the Public
10 Sector Management Act 1994) is to be paid only such travelling
and subsistence allowances as are determined in that
commissioner's case by the Minister on the recommendation of
the Minister for Public Sector Management.
page 6
Forest Products Bill 1999
Functions of Commission Part 3
s. 9
Part 3 -- Functions of Commission
9. Compliance with written laws
Subject to section 42, nothing in this Act is to be read as
conferring on the Commission in the performance of its
5 functions any immunity from the operation of any written law.
10. Functions of Commission
(1) It is a function of the Commission --
(a) to advise the Minister on matters relating to the
production and yield of forest products;
10 (b) to advise the Minister on the commercial value and
prices of forest products;
(c) to sell forest products by way of contract;
(d) to acquire rights and powers, and accept obligations,
under timber sharefarming agreements referred to in
15 section 34B of the CALM Act through the agency of the
Executive Director;
(e) to enter into contracts with any person for the harvesting
of forest products;
(f) to promote, and to advise the Minister in relation to,
20 employment in, and development of, the forest products
industry;
(g) for the purpose of ensuring that any stockpile of forest
products is kept to a minimum, to enter into
arrangements with the Executive Director in relation
25 to --
(i) the amount of forest products that can be
stockpiled; and
(ii) the circumstances in which forest products can
be stockpiled;
page 7
Forest Products Bill 1999
Part 3 Functions of Commission
s. 10
(h) to enter into a memorandum of understanding with the
Department relating to the performance of the
Commission's and the Department's respective
functions and any other matter prescribed under the
5 CALM Act;
(i) to monitor the cost of production of forest products,
including the costs of services provided by the
Department in respect of --
(i) the use, management and protection, for any
10 purpose, of land on which forest products are
located;
(ii) the harvesting of forest products;
(iii) the construction of roads or other infrastructure
for the purposes of harvesting forest products;
15 (iv) silvicultural operations and other preparations
before, and silvicultural operations after, the
felling or cutting of forest products; and
(v) regeneration of the forest products;
(j) to participate in the preparation of any management plan
20 under Part V of the CALM Act in relation to land that is
State forest or a timber reserve;
(k) to provide the Executive Director with records of the
quantities and types of all forest products harvested on
public land and, if applicable, the grade of forest
25 products so harvested;
(l) to advise the Minister as to the performance of the
Minister's functions --
(i) under subsection (6a) of section 17 of the CALM
Act in relation to a proposal under subsection (2)
30 of that section to cancel or amend the purpose of
a timber reserve or alter a boundary of a timber
reserve; or
page 8
Forest Products Bill 1999
Functions of Commission Part 3
s. 10
(ii) under section 62(1aa) of the CALM Act in
relation to the classification, or changes to the
classification, of areas within State forests and
timber reserves as forest products temporary
5 control areas;
(m) to promote the sustainable use of indigenous forest
products located on public land having regard to the
provisions of relevant management plans;
(n) to consult with, and provide advice to, the public and the
10 forest products industry as to the policies and
programmes of the Commission;
(o) to carry out or cause to be carried out such study or
research of or into a matter relating to a function of the
Commission as the Minister may approve; and
15 (p) to develop and turn to account any technology, software
or other intellectual property that relates to the function
referred to in paragraph (o) and, for that purpose, apply
for, hold, exploit and dispose of any patent, patent
rights, copyright or similar rights.
20 (2) It is not a function of the Commission --
(a) to be vested under any Act with land;
(b) to have placed with it under the Land Administration
Act 1997 the care, control and management of land; or
(c) to manage land.
25 (3) Nothing in subsection (2) prevents the Commission from --
(a) acquiring and managing premises by way of purchase or
lease for use by it --
(i) as office premises; or
(ii) in performing its functions under
30 subsection (1)(o);
(b) controlling land to the extent required for the harvesting
and sale of forest products; or
page 9
Forest Products Bill 1999
Part 3 Functions of Commission
s. 11
(c) acquiring or holding interests in land, or managing land,
through the agency of the Executive Director to the
extent required for the purposes of timber sharefarming
agreements.
5 (4) The Commission has power to do all things necessary or
convenient to be done for or in connection with the performance
of its functions under this Act.
(5) This Act does not limit or otherwise affect the operation of the
Wildlife Conservation Act 1950 in relation to the Commission or
10 any other person.
(6) Subsection (5) does not apply to anything done under a
production contract relating to departmental land if it is done in
accordance with the relevant management plan.
11. Duty to act in accordance with policy instruments
15 The Commission is to perform its functions in accordance with
its strategic development plan and its statement of corporate
intent as existing from time to time.
12. Principles on which Commission is to act
(1) The Commission in performing its functions must try to ensure
20 that a profit that is consistent with the planned targets is made
from the exploitation of forest products while ensuring --
(a) the long-term viability of the forest products industry;
and
(b) the ecologically sustainable management of indigenous
25 forest products located on public land.
(2) In subsection (1) --
"planned targets" means the operational and performance
targets set out in the Commission's current strategic
development plan and statement of corporate intent.
page 10
Forest Products Bill 1999
Functions of Commission Part 3
s. 13
(3) If there is any conflict or inconsistency between --
(a) the duty imposed by subsection (1) and a direction given
by the Minister under section 14; or
(b) the duty imposed by subsection (1) and the duty
5 imposed by section 11,
the direction given under section 14, or the duty imposed by
section 11, prevails.
13. Delegation
(1) The Commission may, by instrument, delegate the performance
10 of any of its functions, except this power of delegation.
(2) A delegation under subsection (1) may be made to --
(a) a commissioner or commissioners;
(b) the General Manager;
(c) a staff member; or
15 (d) a committee established under Schedule 1 clause 16.
(3) A delegate cannot subdelegate the performance of any function
unless the delegate is expressly authorized by the instrument of
delegation to do so.
(4) A function performed by a delegate of the Commission is to be
20 taken to be performed by the Commission.
(5) A delegate performing a function under this section is to be
taken to do so in accordance with the terms of the delegation
unless the contrary is shown.
page 11
Forest Products Bill 1999
Part 4 Accountability
Division 1 Ministerial directions and provision of information
s. 14
Part 4 -- Accountability
Division 1 -- Ministerial directions and provision
of information
14. Minister may give directions
5 (1) The Minister may give written directions to the Commission
with respect to the performance of its functions under this Act
either generally or in relation to a particular matter but any such
direction must not be inconsistent with the provisions of a
relevant management plan.
10 (2) The Commission must give effect to any such direction when it
becomes effective under this section.
(3) The Minister must cause the text of any direction under
subsection (1) to be laid before each House of Parliament or
dealt with under section 64 --
15 (a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under section 17
of the Statutory Corporations (Liability of Directors)
Act 1996, within 14 days after it is confirmed under that
section.
20 (4) The text of a direction under subsection (1) is to be included in
the annual report submitted by the accountable authority of the
Commission under section 66 of the Financial Administration
and Audit Act 1985.
(5) Subject to subsections (7) and (8), a direction under
25 subsection (1) becomes effective on the expiry of 7 days
after the commissioners receive it or of such longer period
as the Minister may, at the request of the commissioners,
determine.
(6) If the commissioners ask the Minister to extend the 7 day period
30 under subsection (5), the Minister must decide whether or not to
page 12
Forest Products Bill 1999
Accountability Part 4
Ministerial directions and provision of information Division 1
s. 15
agree to the request and notify the commissioners of that
decision before the 7 day period has expired.
(7) If a direction is the subject of a notice under section 17 of the
Statutory Corporations (Liability of Directors) Act 1996, it does
5 not become effective before it is confirmed under that section
or the expiry of any extension of time notified under
subsection (8).
(8) Despite subsection (4) of section 17 of the Statutory
Corporations (Liability of Directors) Act 1996, the Minister
10 may, when confirming a direction under that section, extend the
time for the direction to become effective and notify the
commissioners of the extension.
15. Minister to have access to information
(1) The Minister is entitled --
15 (a) to have information in the possession of the
Commission; and
(b) where the information is in or on a document, to have,
and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may --
20 (a) request the Commission to furnish information to the
Minister;
(b) request the Commission to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of the
25 General Manager and staff members to obtain the
information and furnish it to the Minister.
(3) The Commission must comply with a request under
subsection (2) and make its staff and facilities available to the
Minister for the purposes of subsection (2)(c).
page 13
Forest Products Bill 1999
Part 4 Accountability
Division 1 Ministerial directions and provision of information
s. 16
(4) In this section --
"document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"information" means information specified, or of a description
5 specified, by the Minister that relates to the functions of the
Commission.
16. Consultation
(1) The commissioners and the Minister, at the request of either, are
to consult together, either personally or through appropriate
10 representatives, in relation to any aspect of the operations of the
Commission.
(2) The commissioners must consult the Minister before the
Commission enters upon a course of action that in the opinion
of the Commission --
15 (a) amounts to a major initiative; or
(b) is likely to be of significant public interest.
17. Minister to be kept informed
Without limiting section 15, the commissioners must --
(a) keep the Minister reasonably informed of the operations,
20 financial performance and financial position of the
Commission, including the assets and liabilities,
surpluses and deficits and prospects of the Commission;
(b) give the Minister reports and information that the
Minister requires for the making of informed
25 assessments of matters mentioned in paragraph (a); and
(c) if matters arise that in the opinion of the commissioners
may prevent, or significantly affect, achievement of the
Commission's --
(i) objectives outlined in its statement of corporate
30 intent; or
page 14
Forest Products Bill 1999
Accountability Part 4
Strategic development plans and statements of corporate intent Division 2
s. 18
(ii) targets under its strategic development plan,
promptly inform the Minister of the matters and its
opinion in relation to them.
18. Notice of financial difficulty
5 (1) The commissioners must notify the Minister if the
commissioners form the opinion that the Commission is unable
to, or will be unlikely to be able to, satisfy any financial
obligation of the Commission from the financial resources
available or likely to be available to the Commission at the time
10 the financial obligation is due.
(2) Within 7 days of receipt of the notice, the Minister must --
(a) inform the Treasurer of the notice and provide any
further information requested by the Treasurer;
(b) confer with the Treasurer and the commissioners for the
15 purpose of determining what action is required to ensure
that the Commission is able to satisfy the relevant
financial obligation when it is due; and
(c) initiate such action as is required to ensure that the
Commission is able to satisfy the relevant financial
20 obligation when it is due.
Division 2 -- Strategic development plans and statements of
corporate intent
Subdivision 1 -- Strategic development plans
19. Draft strategic development plan to be submitted to
25 Minister
(1) The commissioners must in each year prepare, and submit to the
Minister for his or her agreement, a draft strategic development
plan for the Commission.
(2) Each draft strategic development plan is to be submitted not
30 later than 3 months before the start of the next financial year.
page 15
Forest Products Bill 1999
Part 4 Accountability
Division 2 Strategic development plans and statements of corporate intent
s. 20
20. Period to which strategic development plan relates
A strategic development plan is to cover a forecast period of
5 years or a lesser period agreed with the Minister.
21. Matters to be included in strategic development plan
5 (1) The strategic development plan must set out the Commission's
medium to long term objectives (including economic and
financial objectives and objectives relating to the
non-commercial functions of the Commission) and operational
targets and how those objectives and targets will be achieved.
10 (2) The matters which are to be considered in the preparation of the
strategic development plan include --
(a) pricing principles in relation to the sale of forest
products by the Commission having regard to the
matters referred to in section 12(1);
15 (b) having regard to any relevant management plan --
(i) strategies for harvesting;
(ii) service efficiency and effectiveness; and
(iii) productivity levels;
(c) competitive strategies, sales and revenue projections,
20 infrastructure maintenance, financial requirements,
capital expenditure, customer service arrangements,
relevant government policy and personnel requirements;
and
(d) any other matters that the Minister and the
25 commissioners agree should be considered.
22. Strategic development plan to be agreed if possible
The commissioners and the Minister must endeavour to reach
agreement on the draft strategic development plan as soon as
possible, and in any event not later than one month before the
30 start of the next financial year.
page 16
Forest Products Bill 1999
Accountability Part 4
Strategic development plans and statements of corporate intent Division 2
s. 23
23. Minister's powers in relation to draft strategic development
plan
(1) The Minister may return the draft strategic development plan to
the commissioners and request them to --
5 (a) consider or further consider any matter and deal with the
matter in the draft plan; and
(b) revise the draft plan in the light of its consideration or
further consideration.
(2) The commissioners must comply with the request as soon as is
10 practicable.
(3) If the commissioners and the Minister have not reached
agreement on the draft strategic development plan by one month
before the start of the next financial year, the Minister may, by
written notice, direct the commissioners --
15 (a) to take specified steps in relation to the draft plan; or
(b) to make specified modifications to the draft plan.
(4) The commissioners must comply with a direction under
subsection (3) as soon as is practicable.
(5) The Minister must within 14 days after a direction is given
20 cause a copy of it to be laid before each House of Parliament or
dealt with in accordance with section 64.
24. Strategic development plan pending agreement
(1) If the commissioners and the Minister have not reached
agreement on the draft strategic development plan before the
25 start of a financial year, the latest draft plan is to be the strategic
development plan for the Commission until a draft strategic
development plan is agreed to under section 25.
(2) In subsection (1) --
"latest draft plan" means the draft strategic development plan
30 submitted, or last submitted, by the commissioners to the
page 17
Forest Products Bill 1999
Part 4 Accountability
Division 2 Strategic development plans and statements of corporate intent
s. 25
Minister before the start of the financial year with any
modifications made by the commissioners, whether before
or after that time, at the direction of the Minister.
25. Minister's agreement to draft strategic development plan
5 When the commissioners and the Minister reach agreement on a
draft strategic development plan, it becomes the strategic
development plan for the relevant financial year or the
remainder of the year, as the case may be.
26. Modifications of strategic development plan
10 (1) A strategic development plan may be modified by the
commissioners with the agreement of the Minister.
(2) The Minister may, by written notice, direct the commissioners
to modify the strategic development plan and the commissioners
must comply with any such direction.
15 (3) Before giving a direction to the commissioners under
subsection (2) the Minister must consult with the commissioners
and take their views into account.
(4) The Minister must within 14 days after a direction is given
cause a copy of it to be laid before each House of Parliament or
20 dealt with in accordance with section 64.
27. Concurrence of Treasurer
The Minister is not to --
(a) agree to a draft strategic development plan under
section 25; or
25 (b) agree to or direct any modification of a strategic
development plan under section 26,
except with the concurrence of the Treasurer.
page 18
Forest Products Bill 1999
Accountability Part 4
Strategic development plans and statements of corporate intent Division 2
s. 28
Subdivision 2 -- Statement of corporate intent
28. Draft statement of corporate intent to be submitted to
Minister
(1) The commissioners must in each year prepare, and submit to the
5 Minister for his or her agreement, a draft statement of corporate
intent for the Commission.
(2) Each draft statement of corporate intent is to be submitted not
later than 3 months before the start of the next financial year.
29. Period to which statement of corporate intent relates
10 (1) A statement of corporate intent is to cover a financial year.
(2) The first statement of corporate intent of the Commission is to
be in respect of the next full financial year after the
commencement of this Part.
30. Matters to be included in statement of corporate intent
15 (1) The statement of corporate intent must be consistent with the
strategic development plan under Subdivision 1 for the
Commission.
(2) The statement of corporate intent for the Commission must
specify --
20 (a) an outline of objectives including --
(i) the long-term viability of the forest products
industry; and
(ii) the ecologically sustainable management of
forest products located on public land;
25 (b) the proposed arrangements to facilitate the objectives
referred to in paragraph (a)(i) and (ii);
(c) an outline of major planned achievements;
(d) the performance targets and other measures by which
performances may be judged and related to objectives;
page 19
Forest Products Bill 1999
Part 4 Accountability
Division 2 Strategic development plans and statements of corporate intent
s. 31
(e) an outline of the nature and scope of the functions
proposed to be performed during the relevant financial
year;
(f) an outline of the capital expenditure and borrowings to
5 be undertaken or proposed to be undertaken;
(g) proposed pricing arrangements;
(h) accounting policies that apply to the preparation of
accounts for the Commission's commercial and
non-commercial functions;
10 (i) the type of information to be given to the Minister;
(j) the nature and extent of community service obligations
that are to be performed;
(k) the costings of, funding for, or other arrangements to
make adjustments relating to, community service
15 obligations;
(l) the ways in which, and the extent to which,
compensation will be made for performing community
service obligations; and
(m) such other matters as may be agreed by the Minister and
20 the commissioners.
(3) The Minister may exempt the Commission from including any
matter, or any aspect of a matter, mentioned in subsection (2) in
the statement of corporate intent and any such exemptions are to
be noted in the Commission's statement of corporate intent.
25 (4) A reference in subsection (2) to a community service obligation
is a reference to a community service obligation that may affect
the capacity of the Commission to comply with section 12 in
respect of its functions under section 10(1)(c), (d) and (e).
31. Statement of corporate intent to be agreed if possible
30 The commissioners and the Minister must try to reach agreement
on a statement of corporate intent as soon as possible and, in any
event not later than the start of the next financial year.
page 20
Forest Products Bill 1999
Accountability Part 4
Strategic development plans and statements of corporate intent Division 2
s. 32
32. Minister's powers in relation to draft statement of corporate
intent
(1) The Minister may return the draft statement of corporate intent
to the commissioners and request them to --
5 (a) consider or further consider any matter and deal with the
matter in the draft statement; and
(b) revise the draft statement in the light of its consideration
or further consideration.
(2) The commissioners must comply with a request under
10 subsection (1) as soon as is practicable.
(3) If the commissioners and the Minister have not reached
agreement on a draft statement of corporate intent by one month
before the start of the financial year, the Minister may, by
written notice, direct the commissioners --
15 (a) to take specified steps in relation to the draft statement;
or
(b) to make specified modifications to the draft statement.
(4) The commissioners must comply with a direction under
subsection (3) as soon as is practicable.
20 (5) The Minister must within 14 days after a direction is given
cause a copy of it to be laid before each House of Parliament or
dealt with in accordance with section 64.
33. Statement of corporate intent pending agreement
(1) If the commissioners and the Minister have not reached
25 agreement on a draft statement of corporate intent before the
start of a financial year, the latest draft statement is to be the
statement of corporate intent for the Commission until a draft
statement of corporate intent is agreed to under section 34.
(2) In subsection (1) --
30 "latest draft statement" means the draft statement of corporate
intent submitted, or last submitted, by the commissioners to
page 21
Forest Products Bill 1999
Part 4 Accountability
Division 2 Strategic development plans and statements of corporate intent
s. 34
the Minister before the start of the financial year with any
modifications made by the commissioners, whether before
or after that time, at the direction of the Minister.
34. Minister's agreement to draft statement of corporate intent
5 (1) When the commissioners and the Minister reach agreement on a
draft statement of corporate intent, it becomes the statement of
corporate intent for the relevant financial year or the remainder
of the year as the case may be.
(2) The Minister must within 14 days after agreeing to a draft
10 statement of corporate intent under subsection (1) cause a copy
of it to be laid before each House of Parliament or dealt with in
accordance with section 64.
(3) The commissioners may request the Minister to delete from the
copy of a statement of corporate intent that is to be laid before
15 Parliament a matter that is of a commercially sensitive nature,
and the Minister may, despite subsection (2), comply with the
request.
(4) Any copy of a statement of corporate intent to which
subsection (3) applies must contain a statement detailing the
20 reasons for the deletion at the place in the document where the
information deleted would otherwise appear and be
accompanied by an opinion from the Auditor General stating
whether or not the information deleted is commercially
sensitive.
25 35. Modifications of statement of corporate intent
(1) A statement of corporate intent may be modified by the
commissioners with the agreement of the Minister.
(2) The Minister may, by written notice, direct the commissioners
to modify the statement of corporate intent, and the
30 commissioners must comply with any such direction.
page 22
Forest Products Bill 1999
Accountability Part 4
Strategic development plans and statements of corporate intent Division 2
s. 36
(3) Before giving a direction under subsection (2), the Minister
must consult with the commissioners and take their views into
account.
(4) The Minister must within 14 days after a direction is given
5 cause a copy of it to be laid before each House of Parliament or
dealt with in accordance with section 64.
36. Concurrence of Treasurer
The Minister is not to --
(a) agree to a draft statement of corporate intent under
10 section 34; or
(b) agree to or direct any modification of a statement of
corporate intent under section 35,
except with the concurrence of the Treasurer.
page 23
Forest Products Bill 1999
Part 5 Staff
s. 37
Part 5 -- Staff
37. General Manager
(1) The Commission is to have a chief employee to be known as the
General Manager.
5 (2) Schedule 2 has effect with respect to the General Manager.
(3) Subject to the control of the commissioners, the General
Manager is responsible for, and has the powers needed to
administer the day to day operations of the Commission.
38. Other staff
10 (1) The power to engage and manage the staff of the Commission is
vested in the General Manager.
(2) The power conferred by subsection (1) does not preclude the
delegation of any matter under section 13.
(3) The remuneration of and other terms and conditions of
15 employment of staff are not to be less favourable than is
provided for in --
(a) an applicable industrial award, order or agreement; or
(b) the Minimum Conditions of Employment Act 1993.
(4) Nothing in this section affects the operation of the Workplace
20 Agreements Act 1993 or section 100 of the Public Sector
Management Act 1994.
(5) Nothing in this Act or in the Commission's strategic
development plan or statement of corporate intent affects the
Commission's obligations to comply with whole of government
25 policies relating to industrial relations and human resource
management that apply generally to public sector bodies within
the meaning of the Public Sector Management Act 1994.
page 24
Forest Products Bill 1999
Staff Part 5
s. 39
39. Use of other government staff, etc.
(1) The Commission may by arrangement with the relevant
employer make use, either full-time or part-time, of the services
of any officer or employee --
5 (a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
(2) The Commission may by arrangement with --
10 (a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on
15 such terms as are agreed to by the parties.
page 25
Forest Products Bill 1999
Part 6 Financial provisions
s. 40
Part 6 -- Financial provisions
40. Funds of Commission
The funds available for the purpose of enabling the Commission
to perform its functions consist of --
5 (a) moneys from time to time appropriated by Parliament;
(b) moneys received by the Commission in the performance
of its functions;
(c) moneys borrowed by the Commission under section 44
or 45; and
10 (d) other moneys lawfully received by, made available to, or
payable to, the Commission.
41. Forest Products Account
(1) The funds referred to in section 40 are to be credited to an
account to be called the "Forest Products Account" --
15 (a) at the Treasury; or
(b) with the approval of the Treasurer, at a bank,
and if paragraph (a) applies that Account is to form part of the
Trust Fund constituted under section 9 of the Financial
Administration and Audit Act 1985.
20 (2) The Account is to be charged with --
(a) the remuneration and allowances payable under
section 8 or 61(7);
(b) the salaries and allowances payable to the General
Manager and the staff engaged under section 38;
25 (c) interest on and repayment of moneys borrowed by the
Commission under section 44 or 45 and any other fees
or charges payable in respect of any such borrowing;
page 26
Forest Products Bill 1999
Financial provisions Part 6
s. 42
(d) the payment of amounts to the Department in
accordance with a memorandum of understanding
entered into under section 10(1)(h); and
(e) all other expenditure lawfully incurred by the
5 Commission in the performance of its functions.
42. Liability of Commission for duties, taxes, rates etc.
(1) Despite section 5(4) or any other written law --
(a) the Commission; and
(b) deeds or other instruments to which it is a party,
10 are liable to and chargeable with duties, taxes or other imposts
under any written law.
(2) Despite subsection (1) and section 9, but subject to
subsection (3), land held by the Commission is not rateable land
for the purposes of the Local Government Act 1995.
15 (3) If the Commission leases or lets land held by it, the land is, by
reason of the lease or tenancy rateable land for the purposes of
the Local Government Act 1995 in the hands of the lessee or
tenant.
(4) The Commission is to pay to the Treasurer in respect of each
20 financial year an amount equivalent to the sum of all local
government rates and charges that, but for subsection (2) and
section 6.26(2)(a)(i) of the Local Government Act 1995, the
Commission would have been liable to pay in respect of that
financial year.
25 (5) Subsection (4) does not apply in relation to land that is rateable
under subsection (3).
(6) An amount payable under subsection (4) --
(a) is to be determined in accordance with such principles;
and
page 27
Forest Products Bill 1999
Part 6 Financial provisions
s. 43
(b) is to be paid at such time or times,
as the Treasurer may direct.
(7) The first payment under subsection (4) is to be in respect of the
next full financial year after the commencement of this Act.
5 43. Dividends
(1) Any surplus remaining at the end of a financial year after the
cost of the operations of the Commission and the amount of any
interim dividend paid under subsection (7) during that financial
year have been taken into account --
10 (a) may, in accordance with this section, be paid wholly or
partly as a final dividend to the Consolidated Fund; and
(b) to the extent that it is not so paid, is to be applied for the
purposes of the Commission.
(2) The commissioners, as soon as is practicable after the end of
15 each financial year, are to make a recommendation to the
Minister as to --
(a) whether a final dividend is to be paid; and
(b) if so, the amount to be paid.
(3) The Minister, with the Treasurer's concurrence --
20 (a) may accept a recommendation under subsection (2); or
(b) after consultation with the commissioners, is to direct
that the amount of the final dividend is to be some other
amount.
(4) The Commission is to pay the dividend --
25 (a) as soon as practicable after the amount is fixed under
subsection (3); and
(b) in any case not later than --
(i) 6 months after the end of the financial year to
which the final dividend relates; or
page 28
Forest Products Bill 1999
Financial provisions Part 6
s. 44
(ii) such other time as may be agreed between the
Treasurer and the commissioners.
(5) If the commissioners consider that payment of an interim
dividend to the Consolidated Fund is justified during part of a
5 financial year the commissioners may make a recommendation
to the Minister as to the amount of the interim dividend that the
commissioners recommend should be paid.
(6) The Minister, with the Treasurer's concurrence --
(a) may accept a recommendation under subsection (5); or
10 (b) after consultation with the commissioners, is to direct
that the amount of the interim dividend is to be some
other amount.
(7) The Commission is to pay the dividend --
(a) as soon as practicable after the amount is fixed under
15 subsection (6); and
(b) in any case not later than the end of the financial year to
which the interim dividend relates.
44. Borrowing from Treasurer
(1) The Commission may borrow from the Treasurer such amounts
20 as the Treasurer approves on such terms and conditions relating
to repayment and payment of interest as the Treasurer imposes.
(2) By force of this subsection the Account and the assets of the
Commission are charged with the due performance by the
Commission of its obligations in respect of a loan under
25 subsection (1).
45. Other borrowing
(1) In addition to its powers under section 44, the Commission may
with the prior written approval of the Treasurer and on such
terms and conditions as the Treasurer approves, borrow moneys
30 for the purpose of performing its functions.
page 29
Forest Products Bill 1999
Part 6 Financial provisions
s. 46
(2) Any moneys borrowed by the Commission under subsection (1)
may be raised --
(a) as one loan or as several loans; and
(b) in such manner as the Treasurer approves.
5 (3) The total amount of the moneys so borrowed in any one
financial year is not to exceed such amount as the Treasurer
approves.
46. Guarantee by Treasurer
(1) The Treasurer may, in the name and on behalf of the Crown in
10 right of the State, guarantee the payment of any moneys payable
by the Commission in respect of moneys borrowed by the
Commission under section 45.
(2) A guarantee is to be in such form and contain such terms and
conditions as the Treasurer determines.
15 (3) Before a guarantee is given, the Commission is to --
(a) give to the Treasurer such security as the Treasurer
requires; and
(b) execute all instruments that are necessary for the
purpose.
20 (4) By force of this subsection the Fund and the assets of the
Commission are charged with the due repayment of any
payment made by the Treasurer under a guarantee and with the
performance and observance by the Commission of any
covenants and conditions that the Treasurer imposes as a term
25 of the guarantee.
47. Effect of guarantee
(1) The due payment of moneys payable by the Treasurer under a
guarantee under section 46 is guaranteed by the State.
page 30
Forest Products Bill 1999
Financial provisions Part 6
s. 48
(2) Any such payment is to be made by the Treasurer and charged
to the Consolidated Fund, and this subsection appropriates that
Fund accordingly.
(3) The Treasurer is to cause to be credited to the Consolidated
5 Fund any amounts received or recovered from the Commission
or otherwise in respect of any payment made by the Treasurer
under a guarantee given under section 46.
48. Charges for guarantees
(1) The Treasurer may fix charges to be paid by the Commission to
10 the Treasurer for the benefit of the Consolidated Fund in respect
of a guarantee given under section 46.
(2) Payment of any charges fixed under subsection (1) is to be made
at such time or times as the Treasurer determines.
49. Application of Financial Administration and Audit Act 1985
15 The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the
Commission and its operations.
page 31
Forest Products Bill 1999
Part 7 Contracts for harvesting or sale of forest products
s. 50
Part 7 -- Contracts for harvesting or sale of
forest products
50. Definitions
In this Part, unless the contrary intention appears --
5 "production contract" means a contract for the harvesting or
sale of forest products to which the Commission is a party;
"relevant management plan", in relation to a production
contract, means the management plan that --
(a) relates to departmental land on which forest products
10 that are to be harvested or sold under the contract are
located; and
(b) has effect during the term of the contract;
"road contract" means a contract (other than a production
contract) providing for the construction or maintenance of
15 roads for the purposes of harvesting forest products.
51. Contracts generally
Without limiting section 10(4), the Commission may make any
appropriate commercial arrangements, or do anything else that it
considers appropriate, for the purposes of entering into
20 production contracts and road contracts, including --
(a) conducting negotiations by private treaty;
(b) calling for expressions of interest;
(c) calling tenders; and
(d) arranging sales by auction.
25 52. Harvesting contracts and related arrangements
(1) A production contract with a person for the harvesting of forest
products may provide for the person's obligations as to --
(a) the construction or maintenance of roads or other
infrastructure for the purposes of harvesting;
page 32
Forest Products Bill 1999
Contracts for harvesting or sale of forest products Part 7
s. 53
(b) silvicultural operations or other preparations before, and
silvicultural operations after, the felling or cutting of
forest products; and
(c) regeneration of forest products.
5 (2) If forest products to be harvested under a production contract
are located on departmental land --
(a) the Commission must enter into arrangements with the
Executive Director in relation to --
(i) the access of the contractor and the contractor's
10 employees and agents to that land for the
performance of the contractor's functions under
the contract; and
(ii) the performance of the Department's functions
on that land under the CALM Act and under the
15 relevant management plan;
(b) provisions referred to in subsection (1) cannot be
included in the contract without the consent of the
Executive Director; and
(c) the inclusion of provisions referred to in subsection (1)
20 in the contract does not affect the Department's
functions referred to in paragraph (a)(ii).
53. Production contracts subject to relevant management plan
(1) Before entering into a production contract relating to forest
products located on departmental land the Commission is to
25 ensure that --
(a) the quantities and kinds of forest products; and
(b) the location of the forest products proposed to be
harvested or sold under the contract,
are in accordance with the provisions of the relevant
30 management plan.
page 33
Forest Products Bill 1999
Part 7 Contracts for harvesting or sale of forest products
s. 54
(2) A production contract referred to in subsection (1) has no effect
after the relevant management plan has expired.
54. Components of contract price
(1) When the Commission sets a price for the sale of forest products
5 under a production contract it is to include --
(a) a component for the costs of harvesting the forest
products (including costs relating to compliance with
obligations referred to in section 52(1));
(b) an amount agreed under section 35 of the CALM Act by
10 way of payment for advice provided, work performed or
services or facilities supplied by the Department in
relation to the forest products under an arrangement
referred to in that section;
(c) in the case of a contract relating to forest products
15 located on departmental land, a component for the
purpose of enabling the full recovery of the costs (if
any) incurred by the Department under the CALM Act
or the relevant management plan in --
(i) establishing, regenerating, tending, protecting or
20 otherwise managing the forest products; and
(ii) managing and protecting that departmental land;
(d) in the case of a contract relating to forest products on
sharefarmed land, a component for the purpose of
enabling the full recovery of the costs incurred by the
25 Executive Director in establishing and maintaining, or
maintaining, the crop of trees from which the forest
products are derived;
(e) the Commission's operating costs in relation to the
forest products; and
30 (f) a component representing a profit from the exploitation
of the forest products.
page 34
Forest Products Bill 1999
Contracts for harvesting or sale of forest products Part 7
s. 55
(2) If the Commission and the Executive Director cannot agree on
the amount that is necessary to enable full recovery of costs as
referred to in subsection (1)(c) or (d), the Treasurer is to
determine the amount.
5 55. Contractors' access to timber on leases or other tenements
(1) The privileges conferred by a production contract extend to --
(a) forest products on land which is subject to a pastoral or
other lease, including a forest lease, which does not
confer on the lessee the right to forest products; and
10 (b) forest products on a mining tenement,
and a contractor, if so authorized by the contract, may enter the
land comprised in such a lease or a mining tenement and take
and remove forest products from it.
(2) In subsection (1) --
15 "mining tenement" has the same meaning as it has in the
Mining Act 1978.
(3) Subsection (1) has effect subject to the regulations.
56. Contracts subject to this Act and the CALM Act
A provision in, or condition of, a production contract or road
20 contract that is inconsistent with --
(a) this Act; or
(b) in the case of a contract relating to forest products
located on departmental land --
(i) the CALM Act; or
25 (ii) the relevant management plan,
is of no effect, but without prejudice to other provisions or
conditions of the contract.
page 35
Forest Products Bill 1999
Part 8 Enforcement powers
s. 57
Part 8 -- Enforcement powers
57. Authorized person
In this Part --
"authorized person" means the General Manager or --
5 (a) a staff member; or
(b) a forest officer under the CALM Act,
who is authorized by the General Manager to exercise
powers under this Part;
"sawmill" means a sawmill registered under the Timber
10 Industry Regulation Act 1926.
58. Entry and seizure powers in relation to contracts
(1) An authorized person may enter any place in order to search for
and seize any forest products --
(a) which have been harvested under a production contract
15 and are still subject to the contract; or
(b) which are being sold under a production contract but for
which payment has not yet been received.
(2) The powers conferred by subsection (1) cannot be exercised to
enter a place in order to search for and seize secreted forest
20 products unless a warrant to enter and search the place has been
issued by a justice.
(3) A warrant under subsection (2) is not needed if the place
concerned is on public land or is a sawmill.
(4) A warrant under subsection (2) can only be issued if an
25 authorized person makes a complaint on oath to a justice stating
the person's belief that forest products referred to in
subsection (1) are secreted in the place concerned.
(5) Forest products referred to in subsection (1) remain the property
of the State even if they have been manufactured into timber
page 36
Forest Products Bill 1999
Enforcement powers Part 8
s. 59
products and, if an authorized person on reasonable grounds
suspects that that has occurred, the powers conferred by this
section can be exercised in relation to those timber products.
59. Entry to sawmills
5 An authorized person may enter any sawmill and make any
inspection and inquiry that the person thinks necessary to
ascertain whether or not this Act has been or is being complied
with.
60. Seizure powers in relation to offences
10 (1) An authorized person who finds a person committing an offence
against this Act in respect of any forest products or who on
reasonable grounds suspects that such an offence has been
committed may seize the forest products and stamp or mark
them with a distinctive mark, and the forest products then
15 become and remain the property of the State until the title of a
lawful owner is established.
(2) Any forest products seized under this section may be sold or
otherwise disposed of as the Commission may direct, and the
proceeds of the sale are to be dealt with under sections 40
20 and 41, subject to the claim to those proceeds of any lawful
owner of the forest products.
page 37
Forest Products Bill 1999
Part 9 Miscellaneous
s. 61
Part 9 -- Miscellaneous
61. Advisory committees
(1) The Minister may establish one or more advisory committees
(a "committee") to provide advice to the Minister in relation to
5 employment in, and development of, the forest products
industry or on any other matter relating to the administration of
this Act.
(2) Before establishing a committee the Minister is to consult with
the Commission about --
10 (a) the need to establish the committee; and
(b) the terms of reference proposed for the committee.
(3) After establishing a committee the Minister is to advise the
Commission --
(a) that the committee has been established; and
15 (b) of the committee's terms of reference.
(4) The Minister may give directions in writing to a committee as to
its procedure but otherwise a committee may determine its own
procedure.
(5) A committee is to provide the Commission with a copy of any
20 advice it provides to the Minister.
(6) If the Minister requests advice from a committee the Minister is
to --
(a) advise the Commission of the precise nature of the
advice requested; and
25 (b) give the Commission reasonable opportunity to
comment on the advice the committee provides.
(7) A committee member is to be paid such remuneration and
travelling and other allowances as are determined in the
member's case by the Minister on the recommendation of the
30 Minister for Public Sector Management.
page 38
Forest Products Bill 1999
Miscellaneous Part 9
s. 62
(8) A committee member who is an employee (as defined in the
Public Sector Management Act 1994) is to be paid only such
travelling and subsistence allowances as are determined in that
member's case by the Minister on the recommendation of the
5 Minister for Public Sector Management.
(9) The Minister is to ensure that a committee is provided with such
support services as it may reasonably require.
62. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person, other than the
10 Commission, for anything that the person has, in good faith,
done in the performance or purported performance of a function
under this Act.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
15 capable of being done whether or not this Act had been enacted.
(3) Despite subsection (1), neither the Commission nor the Crown
is relieved of any liability that it might have for another person
having done anything as described in that subsection.
(4) Subsection (1) has effect subject to the Statutory Corporations
20 (Liability of Directors) Act 1996.
(5) In this section, a reference to the doing of anything includes a
reference to the omission to do anything.
63. Execution of documents by Commission
(1) The Commission is to have a common seal.
25 (2) A document is duly executed by the Commission if --
(a) the common seal of the Commission is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Commission by a person or
persons authorized to do so under subsection (5).
page 39
Forest Products Bill 1999
Part 9 Miscellaneous
s. 64
(3) The common seal of the Commission is not to be affixed to any
document except as authorized by the Commission.
(4) The common seal of the Commission is to be affixed to a
document in the presence of 2 commissioners, and each of them
5 is to sign the document to attest that the common seal was so
affixed.
(5) The Commission may, by writing under its seal, authorize a
commissioner or commissioners or the General Manager or a
staff member or staff members to sign documents on behalf of
10 the Commission, either generally or subject to such conditions
or restrictions as are specified in the authorization.
(6) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
is shown.
15 (7) A document executed by a person under this section without the
common seal of the Commission is not to be regarded as a deed
unless the person executes it as a deed and is authorized under
subsection (5) to do so.
(8) When a document is produced bearing a seal purporting to be
20 the common seal of the Commission, it is to be presumed that
the seal is the common seal of the Commission until the
contrary is shown.
64. Supplementary provision about laying documents before
Parliament
25 (1) If --
(a) at the commencement of a period referred to in
section 14(3), 23(5), 26(4), 32(5), 34(2) or 35(4) or
Schedule 1 clause 21(2) in respect of a document a
House of Parliament is not sitting; and
page 40
Forest Products Bill 1999
Miscellaneous Part 9
s. 65
(b) the Minister is of the opinion that that House will not sit
during that period,
the Minister is to transmit a copy of the document to the Clerk
of that House.
5 (2) A copy of a document transmitted to the Clerk of a House is to
be --
(a) taken to have been laid before that House; and
(b) taken to be a document published by order or under the
authority of that House.
10 (3) The laying of a copy of a document that is taken to have
occurred under subsection (2)(a) is to be recorded in the
Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
65. Regulations
15 (1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may provide for --
20 (a) arrangements for entering into contracts as referred to in
section 51;
(b) a system for recording, making available, and otherwise
dealing with information concerning forest products
taken and their destination;
25 (c) the inspection, grading, branding and marking of felled
trees, and parts of felled trees;
(d) the authority of forest officers as defined in the CALM
Act to give directions as to the route for the movement
of forest products on public land or to stop or detain
30 forest products on public land or on any road;
page 41
Forest Products Bill 1999
Part 9 Miscellaneous
s. 66
(e) the identification, measurement or weighing of forest
products or the use of any other method to determine the
quantity or kind of forest products or the place from
which the products were taken;
5 (f) the identification of persons who fell, cut or otherwise
take forest products and the registration of the means of
identification;
(g) the taking of firewood;
(h) the prohibition or regulation of the export of any
10 specified kind of forest products;
(i) the identification, by branding or otherwise, of forest
products and the registration of the means of
identification;
(j) the registration of, and information relating to, persons
15 who are engaged in the harvesting of forest products or
who are proposed to be so engaged, and the creation of
offences for the purpose of ensuring that any such
system of registration is effective;
(k) the provision of information relating to contracts for
20 harvesting of forest products by persons who are
engaged in the harvesting of those products; or
(l) any other matter relating to the Commission's functions
in relation to forest products whether on public land or
sharefarmed land.
25 (3) Regulations made under this Act may provide for a penalty for
contravention of a provision of the regulations not exceeding a
fine of $2 000.
66. Review of Act
(1) The Minister is to carry out a review of the operation and
30 effectiveness of this Act as soon as is practicable after the
expiry of 5 years from its commencement.
page 42
Forest Products Bill 1999
Miscellaneous Part 9
s. 67
(2) In the course of that review the Minister is to consider and have
regard to --
(a) the effectiveness of the operations of the Commission;
(b) the need for the continuation of the functions of the
5 Commission; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(3) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause it
10 to be laid before each House of Parliament.
67. Consequential amendments
The Acts specified in Schedule 3 are amended as set out in that
Schedule.
page 43
Forest Products Bill 1999
Schedule 1 Commissioners
Schedule 1 -- Commissioners
[s. 7]
Division 1 -- Tenure, conditions and proceedings
of the commissioners
5 1. Definition
In this Schedule --
"meeting" means a meeting of the commissioners.
2. Presiding member
(1) The chairman is to preside at all meetings at which the chairman is
10 present.
(2) When the chairman is unable to act because of illness, absence or
other cause, or during any vacancy in that office, the deputy chairman
is to perform the functions of the chairman.
(3) If both the chairman and the deputy chairman are absent from a
15 meeting the commissioners present are to appoint one of the
commissioners present to preside.
3. Term of office
(1) Subject to clause 4, a commissioner holds office for such term (not
exceeding 3 years) as is specified in the commissioner's instrument of
20 appointment, and is eligible (if otherwise qualified) for reappointment.
(2) A commissioner whose term of office expires by the passage of time
continues in office until the commissioner is reappointed or the
successor of the commissioner comes into office.
4. Resignation, removal etc.
25 (1) The office of a commissioner becomes vacant if the commissioner --
(a) resigns the office by written notice delivered to the Minister;
(b) becomes ineligible to hold office as a commissioner;
(c) is an insolvent under administration, as that term is defined in
the Corporations Law; or
page 44
Forest Products Bill 1999
Commissioners Schedule 1
(d) is removed from office by the Governor under subclause (2).
(2) The Governor may remove a commissioner from office on the grounds
that the commissioner --
(a) has neglected the commissioner's duty;
5 (b) has misbehaved;
(c) is incompetent;
(d) is suffering from mental or physical incapacity, other than
temporary illness, impairing the performance of the
commissioner's functions under this Act; or
10 (e) has been absent, without leave and reasonable excuse, from
3 consecutive meetings of which the commissioner has had
notice.
5. Leave of absence
The commissioners may grant leave of absence to a commissioner on
15 such terms and conditions as it thinks fit.
6. Commissioner unable to act
(1) The Minister may appoint a person to act temporarily in the place of a
commissioner (other than the chairman) when the commissioner is
unable to act because of illness, absence or other cause.
20 (2) While acting according to the tenor of the appointment, the person
appointed to act in the place of a commissioner is to be treated as a
commissioner.
(3) The appointment of a person to act in the place of a commissioner may
be terminated at any time by the Minister.
25 7. Saving
No act or omission of a person acting in place of another under
clause 2(2) or 6 is to be questioned on the ground that the occasion for
the person's appointment or acting had not arisen or had ceased.
page 45
Forest Products Bill 1999
Schedule 1 Commissioners
8. Commissioner not a public service officer by virtue of
appointment as commissioner
Part 3 of the Public Sector Management Act 1994 does not apply in
relation to the appointment of a commissioner.
5 9. Co-opted commissioners and participation of General Manager
(1) The commissioners may appoint any person having specialized
experience, skills or qualifications as would enable the person to
make a contribution to the commissioners' functions to be a co-opted
commissioner for such period, or in relation to such matters, as
10 specified in the instrument of appointment.
(2) A co-opted commissioner is not entitled to vote but while acting
according to the tenor of the appointment, he or she --
(a) may take part in the commissioners' deliberations; and
(b) is to be treated as a commissioner.
15 (3) The General Manager may attend meetings and take part in the
consideration and discussion of matters at a meeting, but cannot vote
on any matter.
(4) Nothing in this clause prevents the commissioners from arranging for
any other person to participate in meetings in a consultative capacity.
20 10. General procedure
The procedure for the calling of meetings and for the conduct of
business at meetings is, subject to this Act, to be determined by the
commissioners.
11. Quorum
25 The quorum for a meeting is a majority of the commissioners.
12. Voting
(1) At a meeting each commissioner present has a deliberative vote.
(2) A decision supported by a majority of the votes cast at a meeting at
which a quorum is present is the decision of the commissioners.
page 46
Forest Products Bill 1999
Commissioners Schedule 1
13. Minutes
The commissioners are to cause accurate minutes to be kept of the
proceedings at each meeting.
14. Decisions may be made without meeting
5 A decision in writing signed or assented to by a majority of
commissioners by letter, facsimile transmission or other written means
has effect as if it had been passed at a meeting.
15. Telephone or video meetings
Despite anything in this Schedule, a communication between
10 commissioners constituting a quorum by telephone, audio-visual or
other electronic means is a valid meeting, but only if each
participating commissioner is able to communicate with every other
participating commissioner instantaneously at all times while
participating in the proceedings.
15 16. Committees
(1) The commissioners may appoint committees to assist them in the
performance of their functions, and may discharge or alter any
committee so appointed.
(2) Persons who are not commissioners may be members of a committee
20 but the chairman of a committee must be a commissioner.
(3) The procedure for calling committee meetings and for the conduct of
business at those meetings is to be as determined --
(a) subject to this Act, by the commissioners; or
(b) subject to this Act, by the committee in accordance with any
25 determination of the commissioners.
Division 2 -- Disclosure of interests, etc.
17. Disclosure of interests
(1) A commissioner who has a material personal interest in a matter being
considered or about to be considered by the commissioners must, as
30 soon as possible after the relevant facts have come to the
page 47
Forest Products Bill 1999
Schedule 1 Commissioners
commissioner's knowledge, disclose the nature of the interest at a
meeting.
Penalty: $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of the
5 meeting.
18. Voting by interested commissioners
A commissioner who has a material personal interest in a matter that is
being considered by the commissioners --
(a) must not vote whether at a meeting or otherwise --
10 (i) on the matter; or
(ii) on a proposed resolution under clause 19 in respect of
the matter, whether relating to that commissioner or a
different commissioner;
and
15 (b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
20 19. Clause 18 may be declared inapplicable
Clause 18 does not apply if the commissioners have at any time passed
a resolution that --
(a) specifies the commissioner, the interest and the matter; and
(b) states that the commissioners voting for the resolution are
25 satisfied that the interest should not disqualify the
commissioner from considering or voting on the matter.
20. Quorum where clause 18 applies
(1) Despite clause 11, if a commissioner is disqualified under clause 18 in
relation to a matter, a quorum is present during the consideration of the
30 matter if at least 3 commissioners are present who are entitled to vote
page 48
Forest Products Bill 1999
Commissioners Schedule 1
on any motion that may be moved at the meeting in relation to the
matter.
(2) The Minister may deal with a matter in so far as the commissioners
cannot deal with it because of subclause (1).
5 21. Minister may declare clauses 18 and 20 inapplicable
(1) The Minister may in writing declare that clause 18 or 20 or both of
them do not apply in relation to a specified matter either generally or in
voting on particular resolutions.
(2) The Minister must within 14 days after a declaration under
10 subclause (1) is made cause a copy of the declaration to be laid before
each House of Parliament or dealt with in accordance with section 64.
page 49
Forest Products Bill 1999
Schedule 2 General Manager
Schedule 2 -- General Manager
[s. 37(2)]
1. Appointment
The General Manager is to be appointed by the commissioners in
5 consultation with the Minister.
2. Tenure of office
(1) Subject to this Act, the General Manager holds office for a term, not
exceeding 5 years, fixed by the instrument of appointment, and is
eligible for reappointment once or more than once.
10 (2) The General Manager may resign office by written notice delivered to
the chairman.
3. Salary, conditions of appointment
The General Manager --
(a) is to be paid salary and allowances at such rates per annum as
15 are determined by the Salaries and Allowances Tribunal
established by the Salaries and Allowances Act 1975; and
(b) has such leave and other entitlements as are determined by
the commissioners.
4. Removal from office
20 The commissioners may remove the General Manager from office on
the grounds that the General Manager --
(a) has neglected his or her duty;
(b) has misbehaved;
(c) is incompetent;
25 (d) is suffering from mental or physical incapacity, other than
temporary illness, impairing the performance of his or her
functions under this Act; or
(e) is an insolvent under administration, as that term is defined in
the Corporations Law.
page 50
Forest Products Bill 1999
General Manager Schedule 2
5. Superannuation
(1) If a person was a contributor as defined in the Superannuation and
Family Benefits Act 1938 immediately before being appointed as the
General Manager, the person may continue to be a contributor under
5 that Act after being appointed.
(2) For the purposes of subclause (1) the Commission --
(a) is a department as defined by the Superannuation and Family
Benefits Act 1938; and
(b) is to pay to the Board under that Act payments of the kind
10 described in paragraph (i) of the proviso to the definition of
"department" in section 6 of that Act.
6. Portability of entitlements of General Manager
(1) If a public service officer is appointed as General Manager he or she
is entitled to retain all existing and accrued rights, rights under a
15 superannuation scheme or continuity of service as if his or her service
as General Manager were a continuation of his or her service as a
public service officer.
(2) If a person ceases to be the General Manager and becomes a public
service officer his or her service as General Manager is to be regarded
20 as service in the Public Service for the purposes of determining his or
her rights, including those as to superannuation, as a public service
officer.
(3) In this clause --
"public service officer" has the same meaning as it has in the Public
25 Sector Management Act 1994.
page 51
Forest Products Bill 1999
Schedule 3 Consequential amendments
Schedule 3 -- Consequential amendments
[s. 67]
1. Constitution Acts Amendment Act 1899 amended
Schedule V to the Constitution Acts Amendment Act 1899* is
5 amended in Part 3 by inserting after the item relating to the
Fluoridation of Public Water Supplies Advisory Committee the
following item --
"
The Forest Products Commission established under the
10 Forest Products Act 1999.
".
[* Reprinted as at 15 April 1999.
For subsequent amendments see Acts Nos. 53 of 1998 and 5, 8,
26 and 34 of 1999.]
15 2. Financial Administration and Audit Act 1985 amended
Schedule 1 to the Financial Administration and Audit Act 1985* is
amended by inserting after the item relating to the Fire and
Emergency Services Authority of Western Australia the following
item --
20 " Forest Products Commission ".
[* Reprinted as at 9 July 1999.
For subsequent amendments see Acts Nos. 5 and 8 of 1999.]
3. Statutory Corporations (Liability of Directors) Act 1996 amended
Schedule 1 to the Statutory Corporations (Liability of Directors)
25 Act 1996* is amended by inserting after the item relating to the Grain
Pool of W.A. the following item --
page 52
Forest Products Bill 1999
Consequential amendments Schedule 3
"
Forest Products a commissioner Forest Products
Commission Act 1999
".
[* Act No. 41 of 1996.
For subsequent amendments see 1998 Index to Legislation of
5 Western Australia, Table 1, p. 240 and Acts Nos. 5 and 8 of 1999.]
page 53
Forest Products Bill 1999
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Account ........................................................................................................... 3
authorized person ........................................................................................... 57
CALM Act ....................................................................................................... 3
CALM Act Minister ......................................................................................... 3
Commission ..................................................................................................... 3
commissioner ................................................................................................... 3
committee ..................................................................................................61(1)
Conservation Commission ................................................................................ 3
Department ...................................................................................................... 3
departmental land............................................................................................. 3
document ...................................................................................................15(4)
Executive Director ........................................................................................... 3
firewood........................................................................................................... 3
forest products..........................................................................................3, 4(1)
General Manager.............................................................................................. 3
harvesting ........................................................................................................ 3
information ................................................................................................15(4)
latest draft plan...........................................................................................24(2)
latest draft statement...................................................................................33(2)
management plan ............................................................................................. 3
meeting .................................................................................................... Sch. 1
mining tenement.........................................................................................55(2)
planned targets ...........................................................................................12(2)
production contract..................................................................................... 3, 50
profit................................................................................................................ 3
public land ....................................................................................................... 3
public service officer ................................................................................ Sch. 2
relevant management plan .......................................................................... 3, 50
road contract .................................................................................................. 50
sawmill .......................................................................................................... 57
sharefarmed land .............................................................................................. 3
staff member .................................................................................................... 3
State forest ....................................................................................................... 3
the commissioners............................................................................................ 3
timber .............................................................................................................. 3
timber reserve................................................................................................... 3
timber sharefarming agreement......................................................................... 3
tree................................................................................................................... 3
page 54
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