New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
In this Schedule:
"appointed member" means a member appointed by the relevant Ministers.
"member" means a member of the Advisory Council.
(1) Subject to this Division, an appointed member holds office for the term specified in his or her instrument of appointment (not exceeding 4 years) but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not hold office for a total of more than 8 years.
An appointed member is entitled to be paid such allowances as the relevant Ministers from time to time determine in respect of the member.
(1) The office of an appointed 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 relevant Ministers, or(d) is removed from office by the relevant Ministers under this clause, or(e) is absent from 3 consecutive meetings of the Advisory Council of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the relevant Ministers or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Advisory Council for having been absent from 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.
(2) The relevant Ministers may remove an appointed member from office at any time.
(3) The Authority may request that the relevant Ministers exercise their power under subclause (2) to remove a person from office if, in the opinion of the Authority, the person becomes unable to adequately represent the interests that the member was appointed to represent, or is unable to adequately provide the expertise that the member was appointed to provide.
(4) The relevant Ministers may, but need not, remove a person from office in response to a request from the Authority under subclause (3).
If the office of an appointed member becomes vacant, the relevant Ministers are to appoint a person to fill the office in accordance with this Act.
Meetings of the Advisory Council are to be chaired by either the Director-General of the Department of Industry and Investment or the Director-General of the Department of Environment and Climate Change, as determined by the Advisory Council from time to time.
(1) The procedure for the calling and holding of meetings of the Advisory Council is to be determined by the relevant Ministers.
(2) The Advisory Council is to hold not more than 2 meetings each calendar year, unless otherwise directed by the relevant Ministers.
The quorum for a meeting of the Advisory Council consists of a majority of its members for the time being.
A recommendation supported by a majority of votes cast at a meeting of the Advisory Council at which a quorum is present is the recommendation of the Advisory Council.
(1) A member of the Advisory Council:(a) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Advisory Council, and(b) whose interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest to the chairperson of the Advisory Council.
(2) A disclosure by a member at a meeting of the Advisory Council 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 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 this clause.
(3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the chairperson otherwise determines:(a) be present during any deliberation of the Advisory Council with respect to the matter, or(b) take part in any decision of the Advisory Council with respect to the matter.
(4) A contravention of this clause does not invalidate any decision of the Advisory Council.
(1) The members of the Advisory Council are to ensure that the Advisory Council exercises its functions conferred or imposed by section 33.
(2) The functions of the members do not include the expenditure of funds on behalf of the Advisory Council or representing the relevant Ministers, unless they are expressly authorised to do so by the relevant Ministers.
(1) The relevant Ministers may, from time to time, appoint a person to be the alternate of an appointed member, and the relevant Ministers may revoke any such appointment.
(2) In the absence of an appointed member, the member's alternate may, if available, act in the place of the member.
(3) While acting in the place of an appointed member, the alternate of the member:(a) has all of the functions of the member and is taken to be the member, and(b) is entitled to be paid such allowances as the relevant Ministers may from time to time determine in respect of the person.
(4) For the purposes of this clause, a vacancy in the office of an appointed member is taken to be an absence of the appointed member.
(5) For the purposes of this clause, the functions of an appointed member do not include the member's functions as the Chairperson, unless the relevant Ministers otherwise direct.
(1) The Advisory Council may, if it thinks fit, transact any of its business by the circulation of papers among all of the members of the Advisory Council for the time being, and a resolution in writing approved in writing by a majority of the members is taken to be a decision of the Advisory Council.
(2) The Advisory Council 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 Advisory Council.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Advisory Council.
(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.