Maritime Services (Elections) Amendment Act 1979 (NSW)

M A R I T I M E SERVICES (ELECTIONS)

A M E N D M E N T A C T , 1 9 7 9 , N o . 5 6

ANNO V1CESIMO OCTAVO

ELIZABETHE II REGINE

Act N o . 5 6 , 1 9 7 9 .

An Act to amend the Maritime Services Act, 1935, with respect
to the election of a commissioner of The Maritime Services

Board of New South Wales by officers and employees of the

Board. [Assented to, 9th May, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.      This Act may be cited as the "Maritime Services (Elections)

Amendment Act, 1 9 7 9 " .

2 . The Maritime Services Act, 1 9 3 5 , is referred to in this Act

as the Principal Act.

3 .      This Act contains the following Schedules :—

SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T .

SCHEDULE 2 .—SAVINGS, TRANSITIONAL AND OTHER

PROVISIONS.

4.      The Principal Act is amended in the manner set forth in

Schedule 1.

5.      Schedule 2 has effect.

SCHEDULE 1.

AMENDMENTS TO THE PRINCIPAL A C T .

( 1 ) (a) Section 2 ( 1 ) , definition of "Elected commissioner"—

After the definition of "Commissioner", insert :—

"Elected commissioner" means the commissioner

referred to in section 3 ( 1 ) ( b l ) .

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(b) Section 2 ( 1 ) , definition of "Regulations"—

After "Act", insert ", other than regulations made under section 3A ( 1 ) " .

(2) (a) Section 3 (1) ( b ) —

Omit "Four", insert instead "Three".

(b) Section 3 ( 1 ) (b) ( i i ) —

Omit "three", insert instead "two".

(c) Section 3 (1) ( b l ) —

After section 3 ( 1 ) ( b ) , insert :—

( b l ) One of the commissioners so to be appointed

shall be a person elected in the manner prescribed by

the regulations made under section 3A ( 1 ) .

(d) Section 3 (3) (a) ( i ) —

After "nominated commissioner" where firstly

occurring, insert "or the elected commissioner".
(e)	Section 3 (3) (a ) ( i ) —

After "nominated commissioner" where secondly

occurring, insert "and the elected commissioner".

(f) Section 3 (3) ( b ) , ( c ) —

After "nominated commissioner" wherever occurring,

insert "or the elected commissioner".

(g) Section 3 (4) ( a ) —

After "commissioners" where secondly occurring,
insert "and the elected commissioner".

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(h) Section 3 (4) ( f ) —

After "commissioner", insert "or the elected commissioner".

(i)    Section 3 (9) (a) ( i ) , (iii), ( i v ) —

After "commissioner" wherever occurring, insert "or the elected commissioner".

(j) Section 3 (9) (b) —

After "commissioner" where secondly occurring,

insert "and the elected commissioner".

(k) Section 3 (9) (c) —

After "commissioner", insert "or the elected

commissioner".

(3) Section 3 A —

After section 3, insert :—

3A. (1) The Governor may make regulations, not

inconsistent with this Act, for or with respect to the election
of a person to hold office as elected commissioner.

(2) The Electoral Commissioner for New South Wales, or a person employed in the office of the Electoral Commissioner and nominated by him, shall be the returning officer for an election, and shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on the returning officer by the

regulations made under subsection (1) in relation to the

election.

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(3) Employees of the Board are entitled to vote at an election in accordance with the regulations made under subsection ( 1 ) .

(4) A person's nomination as a candidate for

election as elected commissioner is invalid if—

(a) the nomination is not made by at least 2 persons

who are employees of the Board;

(b) he is not, at the time of his nomination, a member

of an industrial union registered as such under the Industrial Arbitration Act, 1940, or an association of employees registered as an organ­ ization under the Conciliation and Arbitration Act 1904, as subsequently amended, of the Commonwealth; or

(c) the instrument of nomination is not accompanied

by a statutory declaration to the effect that he is, at the time of his nomination, such a member,

and the returning officer is entitled to rely on the

information contained in the statutory declaration.

(5) Subject to section 15, a person may be, at the

same time, both the elected commissioner and an employee
of the Board.

(6) If the elected commissioner is an employee of the Board, nothing in any law, rule, direction or other requirement that—

(a) is applicable to him in his capacity as an

employee of the Board; and

(b) would not be so applicable if he were not such an employee,

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

operates so as to prevent or restrict the exercise or perform­ ance by him of any of his powers, authorities, duties or functions as elected commissioner.

(7 ) If no person is nominated at an election, or. if for any other reason an election fails, the Governor may appoint a person nominated by the Minister to be a com­ missioner, and the person so nominated shall, on being appointed, be deemed to be a person elected in the manner prescribed by the regulations made under subsection ( 1 ) .

(8) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under subsection (1) as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

(9) In this section, "employee of the Board" means an officer or employee appointed under section 15 ( 1 ) .

(4) Section 15 ( 3 ) - ( 5 ) - -

After section 15 ( 2 ) , inse r t :—

(3) A commissioner shall not be appointed to any

position in the pay of the Board unless—

(a) he is the elected commissioner;

(b) he was, immediately before he was declared

elected, an officer or employee appointed under this section and he has not, after he was declared elected, ceased to be a person who is such an officer or employee; and

(c) the Governor approves of the appointment.

S C H E D U L E 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(4) A former commissioner shall not, except with the approval of the Governor, be appointed to any position in the pay of the Board until 6 months have elapsed from his ceasing to be a commissioner.

(5 ) Nothing in subsection (1 ) applies to the holding of

office, by an officer or employee referred to in that sub­ section, as a commissioner of the Board or as a member of any other public or local authority, being an office that is to be filled by a person elected pursuant to this or any other Act by officers or employees appointed under this section or by officers, employees, servants or workmen of the other authority, as the case may be.

S C H E D U L E 2.

SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS.

1. In this Schedule, "Board" means The Maritime Services Board of

New South Wales.

2. ( 1 ) If, immediately before the date of assent to this Act, 4 persons hold office as nominated commissioners of the Board under section 3 (1 ) (b) of the Principal Act, those persons shall cease to hold office as such on that date, but nothing in this clause prevents the re-appointment, or the election and re-appointment, of any of those persons in accordance with the Principal Act, as amended by this Act.

(2 ) Subclause ( 1 ) of this clause applies only if, immediately before the date of assent to this Act, the commissioner referred to in clause 5 does not hold office as a nominated commissioner of the Board under section 3 ( 1 ) (b) of the Principal Act.

3. Subject to clause 2, nothing in this Act affects the tenure of office of the commissioners of the Board holding office immediately before the date of assent to this Act.

S C H E D U L E 2—continued.

SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—continued.

4. The body corporate in existence under the Principal Act, as amended by this Act, on the date of assent to this Act is a continuation of, and the same legal entity as, the body corporate in existence under the Principal Act immediately before that date.

5. The election, nomination and appointment of Thomas Charles Blood as a nominated commissioner of the Board for a period of 3 years on and from 26th October, 1977, shall be deemed to be and be deemed always to have been valid.

6. If the commissioner referred to in clause 5 is holding office, immediately before the date of assent to this Act, as a nominated com­ missioner of the Board, that commissioner shall be deemed to be the elected commissioner referred to in section 3 (1 ) ( b l ) of the Principal Act, as amended by this Act, as if he were the person elected in the manner prescribed by the regulations made under section 3A (1) of that Act, as so amended, and shall, subject to that Act, as so amended—

(a)	hold office as the elected commissioner until the expiration of the term of office for which he was appointed as a nominated commissioner of the Board; and
(b)	be eligible for re-election and re-appointment as the elected commissioner.

7.   The commissioner referred to in clause J shall be deemed—•

(a)	never to have ceased, by reason of his election, nomination, appointment or holding office as a nominated commissioner of the Board, to be an officer of the Board during the period com­ mencing on 26th October, 1977, and ending immediately before the date of assent to this Act; and
(b)	always to have been capable of being, during that period, both a nominated commissioner and an officer of the Board.

8. Any act, matter or thing done or omitted to be done under the Principal Act by the commissioner referred to in clause 5, and before the date of assent to this Act, which would, but for this Act, not be valid, but would be valid if this Act had been in force at the time the act, matter or thing was done or omitted to be done, is validated.

S C H E D U L E 2—continued.

SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS—continued.

9. Without affecting the operation of section 3 (15) of the Principal Act, any act or proceeding of the Board before the date of assent to this Act shall be deemed not to have been invalidated by reason of the election, nomination or appointment of, or the holding of office by, the commissioner referred to in clause 5.