Australian Meat and Live-stock Industry Selection Committee Act 1984 (Cth)
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 [Note: This Act is "repealed" by Act No. 69 of 1995]
(#DATE 14:1:1994)
(#DATE 14:1:1994)
Compilation Information - Updated as at 14 January 1994 *1* The Australian Meat and Live-stock Industry Selection Committee Act 1984 as shown in this reprint comprises Act No. 59, 1984 amended as indicated in the Tables below. Table of Acts Act Date Date of Application Number of Assent Commencement Saving or Year transitional provisions Australian Meat and Live-stock Industry Selection Committee Act 1984 59, 1984 25 June 1984 25 June 1984 Australian Meat and Live-stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985 13, 1985 7 May 1985 Part IV (ss. 22-30): Royal Assent (a) - Statute Law (Miscellaneous Provisions) Act (No.1) 1985 65, 1985 5 June 1985 S. 3: 3 July 1985 (b) - Australian Meat and Live-stock Industry Legislation Amendment Act 1987 155, 1987 26 Dec 1987 Ss. 11-15 and 31-35: 1 Mar 1988 (see Gazette 1988, No. S54) Remainder: Royal Assent - Primary Industries Legislation Amendment Act 1991 39, 1991 27 Mar 1991 Ss. 3 (1), 4 and Schedule (Part 1): 1 July 1991 Remainder: Royal Assent - Primary Industries Legislation Amendment Act 1993 35, 1993 20 Sept 1993 20 Sept 1993 - Primary Industries and Energy Legislation Amendment Act 1993 94, 1993 16 Dec 1993 Parts 11 and 12 (ss. 47-65): 1 Jan 1994 S. 69 (1) (b): 1 July 1989 Remainder: Royal Assent - (a) The Australian Meat and Live-stock Industry Selection Committee Act 1984 was amended by Part IV (sections 22-30) only of the Australian Meat and Live-stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985, subsection 2 (1) of which provides as follows: "(1) Sections 1, 2, 3, 5, 6, 7 and 8, subsections 13 (1) and 15 (1), sections 18, 19 and 20, subsection 21 (1) and sections 22 to 32 (inclusive) shall come into operation on the day on which this Act receives the Royal Assent." (b) The Australian Meat and Live-stock Industry Selection Committee Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent." Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected Title am. No. 13, 1985; No. 155, 1987 S. 3 am. No. 13, 1985; No. 39, 1991 S. 5 am. No. 13, 1985; No. 39, 1991 Heading to Part III am. No. 13, 1985 Ss. 7-10 am. No. 13, 1985 Part IIIA (ss. 10A-10D) ad. No. 13, 1985 S. 10A ad. No. 13, 1985 S. 10B ad. No. 13, 1985 am. No. 39, 1991; No. 94, 1993 S. 10C ad. No. 13, 1985 am. No. 39, 1991 S. 10D ad. No. 13, 1985 S. 11 am. No. 13, 1985; No. 155, 1987; No. 35, 1993 S. 12 am. No. 13, 1985 Ss. 13, 14 am. No. 13, 1985; No. 35, 1993 Ss. 15-19 am. No. 13, 1985 S. 20 am. No. 13, 1985; No. 35, 1993 S. 21 am. No. 65, 1985 S. 22A ad. No. 13, 1985 am. No. 39, 1991 S. 23 am. No. 13, 1985 rep. No. 155, 1987
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - TABLE
OF PROVISIONSTABLE
TABLE OF PROVISIONS Section PART I-PRELIMINARY 1. Short title 2. Commencement 3. Interpretation PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF COMMITTEE 4. Establishment 5. Functions of Committee 6. Powers of Committee PART III-SELECTION AND NOMINATION OF CANDIDATES FOR APPOINTMENT TO MEAT AND LIVE-STOCK CORPORATION 7. Minister may request nominations 8. Selection of persons for nomination 9. Nominations 10. Minister may reject nomination PART IIIA-SELECTION AND NOMINATION OF CANDIDATES FOR APPOINTMENT TO RESEARCH AND DEVELOPMENT CORPORATION 10A. Minister may request nominations 10B. Selection of persons for nomination 10C. Nominations 10D. Minister may reject nomination PART IV-CONSTITUTION AND MEETINGS OF COMMITTEE 11. Membership of Committee 12. Acting Chairman 13. Deputies 14. Casual vacancies 15. Remuneration and allowances 16. Leave of absence 17. Resignation 18. Termination of appointments of members 19. Disclosure of interests of members 20. Meetings 21. Resolutions without formal meetings PART V-STAFF AND CONSULTANTS 22. Committee may engage staff and consultants PART VI-MISCELLANEOUS 22A. Committee to notify costs and expenses 24. Regulations
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - LONG
TITLESECT
An Act to establish a committee to nominate persons for appointment as members of certain corporations connected with the Australian meat and live-stock industry
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - PART I
PART I-PRELIMINARY
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 1
Short titleSECT
1. This Act may be cited as the Australian Meat and Live-stock Industry Selection Committee Act 1984.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 2
CommencementSECT
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 3
InterpretationSECT
3. (1) In this Act, unless the contrary intention appears: "acting Chairman" means a person appointed to act as Chairman in pursuance of section 12; "Chairman" means the Chairman of the Committee; "Committee" means the Australian Meat and Live-stock Industry Selection Committee established by section 4; "Meat and Live-stock Corporation" means the Australian Meat and Live-stock Corporation established by section 6 of the Australian Meat and Live-stock Corporation Act 1977; "meat and live-stock research and development" means systematic experimentation or analysis in any field of science, technology or economics carried out with the object of: (a) acquiring knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of meat or live-stock; or (b) applying knowledge for the purpose referred to in paragraph (a); "member" means a member of the Committee; "the industry" means the Australian meat and live-stock industry.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - PART
II
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS
OF COMMITTEE
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 4
EstablishmentSECT
4. There is established by this Act a Committee by the name of the Australian Meat and Live-stock Industry Selection Committee.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 5
Functions of CommitteeSECT
5. The functions of the Committee are: (a) to select persons to be nominated for appointment as members of the Meat and Live-stock Corporation as constituted under section 18 of the Australian Meat and Live-stock Corporation Act 1977 as amended and in force on and after the day fixed by Proclamation for the purposes of subsection 2 (2) of the Australian Meat and Live-stock Corporation Amendment Act 1984, being members who are referred to in paragraph (1) (d) of that section; (b) to select persons to be nominated for appointment as members of the Meat and Live-stock Corporation as constituted, under subsection 30H (5) of the Australian Meat and Live-stock Corporation Act 1977, as so amended and in force, being members who are referred to in paragraph (c) of that subsection; (ba) to select persons to be nominated for appointment as members of the Meat Research Corporation as constituted under section 12 of the Meat Research Corporation Act 1985, being members who are referred to in paragraph (1) (d) of that section; (bb) to select persons to be nominated for appointment as members of the Meat Research Corporation as constituted under subsection 28 (5) of the Meat Research Corporation Act 1985, being members who are referred to in paragraph (c) of that subsection; and (c) to nominate persons so selected to the Minister for appointment as such members.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 6
Powers of CommitteeSECT
6. The Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - PART
III
PART III-SELECTION AND NOMINATION OF CANDIDATES
FOR APPOINTMENT TO MEAT AND LIVE-STOCK CORPORATION
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 7
Minister may request nominationsSECT
7. The Minister shall: (a) for the purpose of appointing the members referred to in paragraph 5 (a) or (b); and (b) for the purpose of filling a vacancy caused by the resignation of, or termination of the appointment of, any of the members so referred to; by notice in writing furnished to the Committee, request the Committee to furnish to him or her, within such period as is specified in the notice, the names of persons, or the name of a person, as the case requires, considered by the Committee to be suitable for appointment as such members or as such a member.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 8
Selection of persons for nominationSECT
8. (1) A person is not entitled to be nominated by the Committee for appointment as a member of the Meat and Live-stock Corporation, being a member referred to in paragraph 5 (a), unless he or she possesses qualifications relevant to, or has experience in, one or more of the following fields of activity: (a) cattle production; (b) sheep production; (c) live-stock exporting; (d) meatworks operation; (e) meat exporting; (f) product promotion; (g) finance; (h) international commodity marketing; (j) business management; (k) industrial relations. (2) In selecting, in pursuance of subsection (1), persons for nomination for appointment as members of the Meat and Live-stock Corporation, the Committee shall choose from the available candidates such persons as will best ensure that the members of the Meat and Live-stock Corporation collectively possess qualifications and experience in all the fields of activity referred to in paragraphs (1) (a) to (k) (inclusive).
(3) A person who is or has been a member of the Committee is not eligible for nomination for appointment to the Meat and Live-stock Corporation (whether constituted under section 18 or subsection 30H (5) of the Australian Meat and Live-stock Corporation Act 1977 as amended and in force on and after the day fixed by Proclamation for the purposes of subsection 2 (2) of the Australian Meat and Live-stock Corporation Amendment Act 1984) until a period of 3 years has elapsed after he or she ceased or last ceased to be a member.
(4) A person is eligible for nomination for appointment to the Meat and Live-stock Corporation notwithstanding that a proposal for his or her nomination has been rejected at a previous meeting of the Committee or that a nomination for his or her appointment to the Meat and Live-stock Corporation has previously been rejected by the Minister.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT 9
NominationsSECT
9. (1) The Committee shall, by the date specified by the Minister in a notice requesting the nomination of a person or persons for appointment to the Meat and Live-stock Corporation, inform the Minister, by notice in writing, of the name or names of the person or persons whom it considers suitable for such appointment. (2) Subject to subsection 10 (1), the Committee shall make only one nomination in respect of each appointment to be made by the Minister.
(3) The notice specifying the name of a person or the names of persons nominated for appointment to the Meat and Live-stock Corporation shall be accompanied by: (a) a statement in respect of the person, or of each of the persons, so nominated: (i) containing details of the person's qualifications or experience in any one or more of the fields of activity referred to in paragraphs 8 (1) (a) to (k) (inclusive); and (ii) containing such other information relating to the person as the Committee thinks appropriate to include so as to assist the Minister in considering whether to appoint the person; and (b) except in the case of an appointment or appointments to the Meat and Live-stock Corporation as constituted under subsection 30H (5) of the Australian Meat and Live-stock Corporation Act 1977 as amended and in force on and after the day fixed by Proclamation for the purposes of subsection 2 (2) of the Australian Meat and Live-stock Corporation Amendment Act 1984-a statement specifying how, in the opinion of the Committee, the nomination or nominations in question will best ensure that the members of the Meat and Live-stock Corporation collectively possess qualifications and experience in all of those fields of activity.
(4) If the Minister considers the information contained in a statement required to be furnished under subsection (3) to be inadequate for him or her to consider the suitability of a person nominated for appointment, the Minister may, by notice in writing, require the Committee, by such date as he or she specifies in the notice, to provide him or her with such further information of the kind referred to in the paragraph of subsection (3) that relates to that statement as he or she specifies.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
10
Minister may reject nominationSECT
10. (1) If the Minister is not satisfied as to the suitability of a person nominated for appointment he or she may inform the Committee, by notice in writing, that he or she rejects the nomination and may include in that notice a further request for a nomination. (2) For the purposes of this Act, that further request shall be considered as a request made under and in accordance with section 7.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - PART
IIIA
PART IIIA-SELECTION AND NOMINATION OF CANDIDATES
FOR APPOINTMENT TO RESEARCH AND DEVELOPMENT
CORPORATION
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
10A
Minister may request nominationsSECT
10A. The Minister shall: (a) for the purpose of appointing the members referred to in paragraphs 5 (ba) and (bb); and (b) for the purpose of filling a vacancy caused by the resignation of, or termination of the appointment of, any of the members so referred to; by notice in writing given to the Committee, request the Committee to give to the Minister, within such period as is specified in the notice, the names of persons, or the name of a person, as the case requires, considered by the Committee to be suitable for appointment as such members or as such a member.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
10B
Selection of persons for nominationSECT
10B. (1) A person is not entitled to be nominated by the Committee for appointment as a member of the Meat Research Corporation, being a member referred to in paragraph 5 (ba), unless the person possesses qualifications relevant to, or has experience in, one or more of the following fields of activity: (a) live-stock production; (b) meat production; (c) meatworks operation; (d) meat and live-stock research and development; (da) conservation and management of natural resourses; (db) environmental and ecological matters; (e) marketing; (f) administration of research and development; (g) economics; (h) finance; (j) business management. (2) In selecting, pursuant to subsection (1), persons for nomination for appointment as members of the Meat Research Corporation, the Committee shall choose from the available candidates such persons as will best ensure that the members of the Meat Research Corporation collectively possess qualifications and experience in all the fields of activity referred to in paragraphs (1) (a) to (j) (inclusive).
(3) A person who is or has been a member of the Committee is not eligible for nomination for appointment to the Meat Research Corporation (whether constituted under section 12 or subsection 28 (5) of the Meat Research Corporation Act 1985) until a period of 3 years has elapsed after the person ceased or last ceased to be a member.
(4) A person is eligible for nomination for appointment to the Meat Research Corporation notwithstanding that a proposal for the person's nomination has been rejected at a previous meeting of the Committee or that a nomination for the person's appointment to the Meat Research Corporation has previously been rejected by the Minister.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
10C
NominationsSECT
10C. (1) The Committee shall, by the day specified by the Minister in a notice requesting the nomination of a person or persons for appointment to the Meat Research Corporation, inform the Minister, by notice in writing, of the name or names of the person or persons whom it considers suitable for such appointment. (2) Subject to subsection 10D (1), the Committee shall make only one nomination in respect of each appointment to be made by the Minister.
(3) The notice specifying the name of a person or the names of persons nominated for appointed to the Meat Research Corporation shall be accompanied by: (a) a statement in respect of the person, or of each of the persons, so nominated: (i) containing details of the person's qualifications or experience in any one or more of the fields of activity referred to in paragraphs 10B (1) (a) to (j) (inclusive); and (ii) containing such other information relating to the person as the Committee thinks appropriate to include so as to assist the Minister in considering whether to appoint the person; and (b) except in the case of an appointment or appointments to the Meat Research Corporation as constituted under subsection 28 (5) of the Meat Research Corporation Act 1985-a statement specifying how, in the opinion of the Committee, the nomination or nominations in question will best ensure that the members of the Meat Research Corporation collectively possess qualifications and experience in all of those fields of activity.
(4) If the Minister considers the information contained in a statement required to be given under subsection (3) to be inadequate to enable proper consideration of the suitability of a person nominated for appointment, the Minister may, by notice in writing, require the Committee, by such day as is specified in the notice, to provide the Minister with such further information of the kind referred to in the paragraph of subsection (3) that relates to that statement as is specified in the notice.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
10D
Minister may reject nominationSECT
10D. (1) If the Minister is not satisfied as to the suitability of a person nominated for appointment, the Minister may inform the Committee, by notice in writing, that he or she rejects the nomination and may include in that notice a further request for a nomination. (2) For the purposes of this Act, that further request shall be considered as a request made under and in accordance with section 10A.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - PART
IV
PART IV-CONSTITUTION AND MEETINGS OF COMMITTEE
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
11
Membership of CommitteeSECT
11. (1) The Committee shall consist of 7 members, namely: (a) the Chairman; and (b) 2 members appointed to represent cattle producers; and (c) 1 member appointed to represent sheep producers; and (d) 2 members appointed to represent meat exporters; and (e) 1 member appointed to represent meat processors. (2) All members shall be part-time members.
(3) All members shall be appointed by the Minister and, subject to this Act, hold office for such terms, not exceeding 3 years, as are respectively specified in their instruments of appointment, but are eligible for re-appointment.
(4) Each of the members referred to in paragraph (1) (b) shall be appointed on the nomination of the Cattle Council of Australia.
(5) The member referred to in paragraph (1) (c) shall be appointed on the nomination of the Sheepmeat Council of Australia.
(6) Each of the members referred to in paragraph (1) (d) shall be appointed on the nomination of the Australian Meat Exporters' Federal Council.
(6A) The member referred to in paragraph (1) (e) is to be appointed on the nomination of the Meat and Allied Trades Federation of Australia.
(7) If the Minister is not satisfied as to the suitability of a person nominated for appointment to the Committee by a particular body pursuant to the provisions of subsection (4), (5), (6) or (6A), he or she may request that body to make a further nomination.
(8) If a body on whose nomination a member was appointed requests the Minister to terminate the appointment, the Minister shall terminate the appointment accordingly.
(9) The appointment of a member is not invalidated and shall not be called in question, by reason of a defect or irregularity in or in connection with his or her nomination or his or her appointment.
(10) The exercise of a power or the performance of a function by the Committee is not invalidated by reason of there being a vacancy or vacancies in the membership of the Committee.
(11) A member who has resigned or whose appointment has been terminated in pursuance of subsection (8) is eligible for re-appointment.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
12
Acting ChairmanSECT
12. (1) The Minister may appoint a person to act as Chairman: (a) during a vacancy in the office of Chairman whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairman is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of his or her office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) A person who is a member or a deputy of a member is not eligible to be appointed to act as Chairman.
(4) The Minister may, at any time, terminate the appointment of any person acting as Chairman.
(5) A person acting as Chairman is entitled, while he or she is acting as Chairman, to receive remuneration and allowances at the same rates as the rates applicable to the Chairman.
(6) Where a person is acting as Chairman in accordance with paragraph (1) (b) and the office of Chairman becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(7) While a person is acting as Chairman, he or she has and may exercise all the powers, and shall perform all the functions of the Chairman under this Act.
(8) The validity of anything done by, or in relation to, a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had ceased.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
13
DeputiesSECT
13. (1) The Minister may, upon the nomination of a body referred to in subsection 11 (4), (5), (6) or (6A), appoint a person to be the deputy of a member appointed pursuant to that subsection. (2) The Minister shall, at the request of the body that nominated a person to be the deputy of a member in accordance with subsection (1), terminate the appointment of that person.
(3) The deputy of a member is entitled to attend a meeting of the Committee that is not attended by the member of whom he or she is the deputy, and, while so doing, shall be deemed to be a member.
(4) The appointment of a deputy of a member, and any act done by a deputy of a member, shall not be questioned in any proceedings on the ground that the occasion of his or her appointment had not arisen or had ceased.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
14
Casual vacanciesSECT
14. (1) If a member referred to in paragraph 11 (1) (b), (c), (d) or (e) ceases to hold office before the expiration of the period for which he or she was appointed, the Minister may appoint as a member for the remainder of that period a person nominated in accordance with whichever of subsections 11 (4), (5), (6) and (6A) applied to the nomination of the member who has ceased to hold office. (2) If the Chairman ceases to hold office before the expiration of the period for which he or she was appointed, the Minister may appoint a person to be Chairman for the remainder of that period.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
15
Remuneration and allowancesSECT
15. (1) The Chairman shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed. (2) A member, other than the Chairman, or the deputy of such a member, is not entitled to remuneration.
(3) A member or the deputy of a member shall be paid such allowances as are prescribed.
(4) This section has effect subject to the provisions of the Remuneration Tribunals Act 1973 other than subsections 7 (9) and (13) of that Act.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
16
Leave of absenceSECT
16. (1) The Minister may grant leave of absence to the Chairman upon such terms and conditions as the Minister thinks fit. (2) The Chairman may grant leave of absence to another member upon such terms and conditions as he or she thinks fit.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
17
ResignationSECT
17. A member may resign his or her membership of the Committee by writing signed by him or her and delivered to the Minister.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
18
Termination of appointments of membersSECT
18. (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity. (2) If: (a) a member 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; (b) a member fails, without reasonable excuse, to comply with his or her obligations under section 19; (c) the Chairman is absent, except with the leave of the Minister, from 3 consecutive meetings of the Committee; or (d) a member other than the Chairman is absent, except with the leave of the Chairman or Acting Chairman, from 3 consecutive meetings of the Committee; the Minister shall terminate the appointment of the member concerned.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
19
Disclosure of interests of membersSECT
19. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee, being an interest that could conflict with the proper performance of his or her functions in relation to the consideration of the matter, shall, as soon as practicable after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Committee and the member shall not, unless the Minister or the Committee otherwise determines: (a) be present during any deliberation of the Committee with respect to that matter; or (b) take part in any decision of the Committee with respect to that matter.
(3) For the purpose of the making of a determination by the Committee under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates, being an interest that could conflict with the proper performance of his or her functions in relation to the consideration of the matter, shall not: (a) be present during any deliberation of the Committee for the purpose of making the determination; or (b) take part in the making by the Committee of the determination.
(4) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee in accordance with section 21 otherwise than at a meeting of the Committee, being an interest that could conflict with the proper performance of his or her functions in relation to the consideration of the matter shall, as soon as is practicable after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest to the Minister.
(5) A member who makes, or is required to make, a disclosure to the Minister under subsection (4) with respect to a matter shall not, unless the Minister otherwise determines, sign a document in accordance with section 21 containing a statement that he or she is in favour of a resolution with respect to that matter.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
20
MeetingsSECT
20. (1) The Chairman may convene such meetings of the Committee as he or she considers necessary for the efficient performance of its functions. (2) Meetings of the Committee shall be held at such places and at such times as the Chairman determines.
(3) The Chairman shall preside at all meetings of the committee at which he or she is present.
(4) If, at a meeting of the Committee, the Chairman is not present, the members present shall elect one of their number to preside at the meeting.
(5) A quorum at a meeting of the Committee is constituted by 5 members of whom at least 2 must be members appointed under paragraph 11 (1) (b) or (c) and at least 2 must be members appointed under paragraph 11 (1) (d) or (e).
(6) At a meeting of the Committee: (a) subject to subsection (7), a question to be determined shall be decided by a majority of the votes of the members present; (b) in the case of a meeting that is presided over by the Chairman-the Chairman has a deliberative vote and, in the event of an equality of votes, also has a casting vote; and (c) in the case of a meeting held in the absence of the Chairman: (i) the member elected to preside shall have a deliberative vote but not a casting vote; and (ii) in the event of an equality of votes upon a question to be determined-the question shall be decided in the negative.
(7) At a meeting held in the absence of the Chairman a person may not be nominated for appointment to the Corporation if his or her proposed nomination is voted against by more than one of the members present.
(8) The Committee shall keep a record of its proceedings.
(9) In this section, a reference to the Chairman shall be read as including a reference to a person who is the acting Chairman.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
21
Resolutions without formal meetingsSECT
21. (1) If a number of the members (being members who, if they were present at a meeting would constitute a quorum) sign a document containing a statement that they are in favour of a resolution of the Committee in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a duly constituted meeting of the Committee on the day on which the document was signed, or, if the members signed the document on different days, on the day on which the document was last signed by a member. (2) For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members shall together be deemed to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - PART V
PART V-STAFF AND CONSULTANTS
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
22
Committee may engage staff and consultantsSECT
22. (1) The Committee may engage persons to perform, from time to time, clerical and administrative services in connection with the performance of its functions. (2) The Committee may engage persons having suitable qualifications and experience as consultants to the Committee to assist the Committee in identifying persons suitable for nomination to the Minister.
(3) The terms and conditions of engagement of persons engaged under subsection (1) or (2) shall be such as are determined by the Committee.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - PART
VI
PART VI-MISCELLANEOUS
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
22A
Committee to notify costs and expensesSECT
22A. (1) Where the Committee incurs costs and expenses, either before or after the commencement of this section, it shall notify the Meat and Live-stock Corporation of the costs and expenses so incurred and, if the whole or any part of those costs and expenses were incurred by the Committee in relation to the selection of members of the Meat Research Corporation, whether constituted under section 12 or subsection 28 (5) of the Meat Research Corporation Act 1985, the Committee shall identify, in that notice, the costs and expenses, or the part of the costs and expenses, that were incurred in relation to those activities. (2) In this section, a reference to costs and expenses incurred by the Committee shall be taken to include a reference to the remuneration and allowances payable to the Chairman and the acting Chairman (if any) of that Committee, to the members of that Committee other than the Chairman and to the deputies of those members and to staff of, and consultants to, that Committee.
AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY SELECTION COMMITTEE ACT 1984 - SECT
24
RegulationsSECT
24. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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