New South Wales Government Engineering and Shipbuilding Undertaking (Amendment) Act 1968 (NSW)

NEW SOUTH WALES GOVERNMENT ENGINEERING

AND SHIPBUILDING UNDERTAKING (AMEND

MENT) ACT.

Males;

■f:,

ANNO SEPTIMO DECIMO

ELIZABETHS II BEGINS

. k * * * * 1 f * * * * * * * i t : * * * * * * * * * * * * * * * * * * : ^

Act No. 7, 1968.

An Act to sanction and provide for a board of manage ment for the New South Wales Government Engineering and Shipbuilding Undertaking; to amend the New South Wales Government Engineering and Shipbuilding Undertaking Act, 1943, as subsequently amended; and for purposes connected therewith. [Assented to, 24th April* 1968.]

New South Wales Government Engineering and Shipbuilding

Undertaking (Amendment).

No. 7, 1968 T > E it enacted by the Queen’s Most Excellent Majesty, b y

^ 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: —

Short title,

!•

(1) This Act may be cited as the “New South Wales

citation

Government Engineering and Shipbuilding Undertaking

menwment. (Amendment) Act, 1968”.

(2) The New South Wales Government Engineering and Shipbuilding Undertaking Act, 1943, as subsequently amended, is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the New South Wales Government Engineering and Shipbuilding Undertaking Act, 1943-1968.

(4) Subject to section three of this Act, this Act shall commence upon a day to be appointed by the Governor (in this Act referred to as the “appointed day”) and notified by proclamation published in the Gazette.

Amendment

The Principal Act is amended—

of Act No.

19, 1943.

(a)	(i) by omitting from section two the definition of

Sec. 2.

(Defini	“Director” and by inserting in lieu thereof “Board” means the State Dockyard Board of New South Wales as constituted by this Act.
tions.)	the following definitions :—

“Chairman” means Chairman of the

Board.

“Director” means a member of the Board. “Vice-Chairman” means the Vice-Chairman

of the Board.

fii) by omitting from the same section the

definition of “Under Secretary” ;

New South Wales Government Engineering and Shipbuilding

Undertaking (Amendment).

(b)

by omitting from section three the word “Director” No. 7,1968

wherever occurring and by inserting in lieu thereof „

the word “Board” ;

have

general

:	manage ment of Under taking.)

(c)	by omitting section five and by inserting in lieu Subst.sec. thereof the following sections :—

5. (1) There shall be a State Dockyard Board Constitution

of New South Wales consisting of seven persons appointed by the Governor on the nomination of

;	, the Minister.

'	(2) A person nominated for the purposes of . subsection one of this section may be an officer

' ’ ' '	within the meaning of the Public Service Act, 1902, as amended by subsequent Acts, and shall be a person who, in the opinion of the Minister, can serve the best interests of the Undertaking by reason of his knowledge of and experience in the Undertaking, the direction of other undertakings, financial administration, marketing, legal aspects of administration, or industrial relations.
(3) Of the persons so appointed, not more than three may be persons who hold, or have held, an appointment at the Undertaking or who are, or have been, employed at the Undertaking.
(4) (a) Two Directors shall be respectively the Chairman and Vice-Chairman of the Board and shall be appointed as such by the Governor.

(b)	The Governor may appoint a

deputy to act during the Governor’s pleasure in the absence of a Director and a deputy appointed under this subsection—

(i) shall have the immunities, powers, authori ties and duties of the Director in whose place he acts; and

(U)

New South IVa/es Government Engineering and Shipbuilding

Undertaking {Amendment).

N*. 7,1968

(ii) may be paid such remuneration for his services, including fees and allowances, as the Governor may determine.

(5)

(a)

A Director shall, subject to this Act,

be appointed for such term, not exceeding five years, as may be specified in the instrument of appointment and may be so appointed subject to his holding, during that term, an office so specified. A retiring Director shall, subject to this Act, be eligible for re-appointment.

(b) On the occurrence of any vacancy in the office of a Director otherwise than by the expiration of a term of office the person appointed to fill the vacant office shall, subject to this Act, hold office for the remainder of the unexpired term of his predecessor.

(c) A person who is of or above the age of seventy years shall not be appointed as a Director and a Director shall be deemed to have vacated his office on the day upon which he attains the age of seventy years.

(6)	(a) A Director shall receive such

remuneration, fees and allowances as the Governor

may from time to time determine.

(b) Where by or under any Act pro vision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also the office of a Director or deputy to a Director or from accepting and retaining any remuneration, fees or allowances payable to a Director or deputy to a Director under this section.

(7)

lOS

New South Wales Government Engineering and Shipbuilding

Undertaking {Amendment).

(7) The provisions of the Public Service Act, 1902, as amended by subsequent Acts, shall not apply to or in respect of a Director in his capacity as a member of the Board.

No. 7 ,19«

(8)	A Director shall be deemed to have

vacated his office—

(a)	if his appointment was subject to his holding a specified office and he vacates that office;
(b)	if at the time of his appointment he was an officer within the meaning of the Public Service Act, 1902, as amended by subse quent Acts, and he ceases to be such an officer;
(c)	if he becomes bankrupt, compounds with his creditors, or makes any assignment of his remuneration, fees, allowances or estate for their benefit;
(d)	if he is absent from four consecutive meet ings of the Board without leave granted by the Minister (which leave the Minister is hereby authorised to grant) unless such absence is occasioned by illness or other unavoidable cause;
(e)	if he becomes a mentally ill person, a pro tected person or an incapable person, within the meaning of the Mental Health Act, 1958, as amended by subsequent Acts;
(f)	if he is convicted in New South Wales of a felony or of a misdemeanour which is punishable by imprisonment for twelve months or upwards, or if he is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be a felony or a misdemeanour which is punishable as aforesaid;

n )

(g)

New South Wales Government Engineering and Shipbuilding

Undertaking {Amendment).

N «.7 , 1968

(g) if he resigns his office by writing under his

hand addressed to the Governor;

<h) if he dies.

A Director who vacates office under paragraph (a) or (b) of this subsection shall not, on that account, be ineligible for re-appointment.

(9) The Governor may, for any cause which appears to him sufficient, remove a Director from office.

(10) (a) The procedure for the calling of meetings of the Board and for the conduct of business at such meetings shall be as determined by the Board.

(b) Four Directors, of whom not more than two are persons referred to in subsection three of this section, shall form a quorum, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board and shaU have and may exercise and discharge all the powers, authorities, duties and functions of the Board.

(d) At any meeting of the Board the Chairman shall preside or, in his absence, the Vice-Chairman. In the absence of the Chairman and Vice-Chairman from a meeting, the Directors present may choose one of their number to preside as chairman of that meeting.

(e) At any meeting of the Board the Chairman or the Vice-Chairman or the Director presiding as chairman (as the case may be) shall have a deliberative vote, and if the voting is equal,

a casting vote.

(f)

New South Wales Government Engineering and Shipbuilding

Undertaking {Amendment).

(f) The Board shall cause full and No. 7,1968

accurate minutes to be kept of the proceedings at its meetings, and submit to the Minister a copy of the minutes of each meeting within one week after the date on which it is held.

(g) No act or proceeding of the Board shall be invalidated or prejudiced by reason only of the fact that at the time when such act or pro ceeding was done, taken or commenced, there was a vacancy in the office of a Director.

(11)	(a) No matter or thing done, and no

contract entered into by the Board, and no matter or thing done by any Director or by any other person whomsoever acting under the direction of the Board shall, if the matter or thing was done or the contraet was entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any aetion, liability, claim or demand whatsoever.

(b) Nothing in this subsection shall be construed as exempting any officer of the Public Service who authorises or joins in authorising a payment which is disallowed by the Auditor-General in the accounts of the Board from liability to be surcharged with the amount thereof.

5a. (1) Subject to this section a Director who Director

is in any way, whether directly or indirectly, -n̂ contract interested in a eontract or proposed contraet made, &c. ’ or to be made, for the purposes of this Act shall,

as soon as practicable after the relevant facts have come to his knowledge, declare the nature of his interest at a meeting of the Directors.

(2)	For the purposes of subsection one of

this section, a general notice given to the Board by a Director to the effect that he is an officer or a member of a specified company or a member of a

specified

Sew South Wales Government Engineering and Shipbuilding

Undertaking (Amendment).

No. 7, 1968	specified firm and is to be regarded as interested in any contract which may, after the date of the notice, be made wilh that company or firm shall, if it is given at a meeting of the Board, be deemed to be a sufficient declaration of interest in relation to any contract so made.
(3) Every Director who holds any office or possesses any property whereby whether directly or indirectly duties or interests might be created in conflict with his duties or interests as a Director shall declare at a meeting of the Board the fact and the nature, character and extent of any such conflict.
(4) A Director required to make a declara tion under subsection three of this section shall make it at the first meeting of the Board held—

(a) after he becomes a director; or

(b)	after he commenced to hold the office or to possess the property,

whichever is the later.

(5) Every declaration made under this section shall be recorded in the minutes of the meeting at which it is made.

Sec. 6.	(d) (i) by omitting from subsection three of section
and

(Officers	six the words “The Director may, subject to
employees.)	subsection five of this section,” and by insert ing in lieu thereof the words “The Minister may” ;

(ii) by omitting subsections four and five of the same section;

Sec. 12.

(e) (i) by omitting from section twelve the word

(Annual	“Director” and by inserting in lieu thereof the
report.)	word “Board” ;

(ii) by omitting from the same section the words “through the Under Secretary” ;

(f)

New South Wales Government Engineering and Shipbuilding

Undertaking (Amendment).

(f) (i) by omitting from subsection one of section No. 7, 196*

thirteen the word “Director” wherever occur

ring and by inserting in lieu thereof the word (Accounts

“Board” ;

and audit.)

(ii) by omitting from the same subsection the words “through the Under Secretary” ;

(g)	by inserting next after section fourteen the following New secs, new sections :—

15. (1) The Board may from time to time by Deleeation

resolution delegate such of the powers, authorities, duties or functions of the Board (other than this power of delegation) as are specified in the resolution—

(a) to any Director;

(b)	to any oflScer, servant or employee employed in connection with the Undertaking.

(2) Any such delegation may be made either generally or for any particular case or class of cases.

(3) Any person when acting within the scope of any such delegation to him shall be deemed to be the Board.

(4) Any instrument necessary to be executed, and any notice, order, summons or other like document requiring authentication for the purpose of the exercise or discharge of any power, authority, duty or function delegated to any person under this section shall be suflSciently executed or authenticated as the case may be if signed by such person in such a way as to show that he does so under and in pursuance of the delegation.

(5) The Board may by resolution revoke

any such delegation.

New South Wales Government Engineering and Shipbuilding

Undertaking {Amendment).

No. 7, 1968

16. (1) A contract made by the Board in the

exercise of the powers, authorities, duties or

Contracts.

functions conferred or imposed upon it by this Act shall be deemed to be a contract made by the Minister for the purposes of the Undertaking.

(2) All persons contracting with the Board shall, for the purposes of the Constitution Act, 1902, as amended by subsequent Acts, be deemed to be public contractors.

Appoint	3.	(1) For the purpose only of the appointment of per
ment of

members	sons to be members of the State Dockyard Board of New
of first State	South Wales, and of any matters necessary or incidental to
Dockyard
Board of	such appointment, this Act shall commence on the day upon
New South	which it receives the Royal assent.
Wales.
(2) The persons appointed under subsection one of this section shall assume office as members of the State Dock yard Board of New South Wales on the appointed day and, on that day, this Act shall commence for all purposes.
(3) Notwithstanding anything contained in the Prin cipal Act, as amended by this Act, Harry Douglas Harding—

(a)	shall be one of the persons appointed under sub section one of this section;
(b)	shall be deemed to have vacated, immediately before assuming office under subsection two of this section, his office as Director of the New South Wales Government Engineering and Shipbuilding Undertaking;
(c)	shall hold office as a member of the State Dock yard Board of New South Wales for the period of his appointment as Director of the New South Wales Government Engineering and Shipbuilding Undertaking that, immediately before the appointed day, had not expired;

( d )

New South Wales Government Engineering and Shipbuilding

Undertaking {Amendment).

(d)

shall retain any rights accrued or accruing to him No. 7,1968 Public Service Act, 1902, as subsequently amended, or the Superannuation Act, 1916, as subsequently amended;

(e)

shall continue to contribute to any fund or account and be entitled to receive any annual, sick, long service or extended leave, and any payment pension or gratuity, as if he were an officer within the meaning of the Public Service Act, 1902, as sub sequently amended, or an employee within the meaning of the Superannuation Act, 1916, as subsequently amended, and for such purposes his service as a member of the State Dockyard Board of New South Wales shall be deemed to be service as such an officer or employee; and

(f)

in the event of his ceasing to be a member of the State Dockyard Board of New South Wales shall, if he is under the age of sixty years, be entitled to be appointed upon the recommendation of the Public Service Board to some office in the Public Service not lower in classification and salary than that which he held immediately before his appoint ment as Director of the New South Wales Govern ment Engineering and Shipbuilding Undertaking.

PRISONS