New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
In this Schedule:
"Chairperson" means the Chairperson of the Authority.
"member" means any member of the Authority.
Subject to this Schedule, a member holds office for such period (not exceeding 4 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available, act in the place of the member.
(3) While acting in the place of a member, a person:(a) has all the functions of the member and is taken to be a member, and(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
(4) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
(1) The office of a member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Governor under this clause, or(e) is absent from 4 consecutive meetings of the Authority of which reasonable notice has been given to the member personally or by post:(i) except on leave granted by the Minister, or(ii) unless the member is excused by the Minister for having been absent from those meetings before the expiration of 4 weeks after the last of those meetings, or(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Governor may at any time remove a member from office.
(3) Without affecting the generality of subclause (2), the Governor may remove from office a member who contravenes the provisions of clause 7.
(1) If:(a) the office of the member referred to in section 60 (5) (b) becomes vacant, or(b) the membership of the Authority (not counting any deputies of members) is reduced to fewer than 7 members as a result of the office of a member becoming vacant,a person is, subject to this Act, to be appointed to fill the vacancy.
(2) A person may, subject to this Act, be appointed to fill any vacancy other than a vacancy that is to be filled under subclause (1).
(1) If:(a) a member has a direct or indirect pecuniary interest in:(i) a matter being considered or about to be considered at a meeting of the Authority, or(ii) a thing being done or about to be done by the Authority, and(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Authority.
(2) A disclosure by a member at a meeting of the Authority that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Authority in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the Authority.
(4) After a member has disclosed the nature of an interest in any matter or thing, the member must not, unless the Minister or the Authority otherwise determines:(a) be present during any deliberation of the Authority with respect to the matter or thing, or(b) take part in any decision of the Authority with respect to the matter or thing.
(5) For the purposes of the making of a determination by the Authority under subclause (4), a member who has a direct or indirect pecuniary interest in a matter or thing to which the disclosure relates must not:(a) be present during any deliberation of the Authority for the purpose of making the determination, or(b) take part in the making of the determination by the Authority.
(6) A contravention of this clause does not invalidate any decision of the Authority.
(7) A reference in this clause to a
"meeting" of the Authority includes a reference to a meeting of a committee of the Authority.
(1) The Public Sector Employment and Management Act 2002 does not apply to the appointment of an appointed member and an appointed member is not, as such a member, subject to that Act (except Chapter 5).
(2) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
The procedure for the calling of meetings of the Authority and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Authority.
The quorum for a meeting of the Authority is a majority of its members.
(1) The Chairperson (or, in the absence of the Chairperson, another member elected as chairperson for the meeting by the members present) is to preside at a meeting of the Authority.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Authority at which a quorum is present is the decision of the Authority.
The Authority must cause full and accurate minutes to be kept of the proceedings of each meeting of the Authority.
(1) The Authority may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Authority for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Authority.
(2) The Authority may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(3) For the purposes of:(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Authority.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Authority.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Minister may call the first meeting of the Authority in such manner as the Minister thinks fit.