Stock Diseases (Board of Tick Control) Amendment Act 1988 (NSW)

STOCK DISEASES (BOARD OF TICK CONTROL)

AMENDMENT ACT 1988 No. 38

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement

3. Amendment of Stock Diseases Act 1923 No. 34

4. Transitional provision

SCHEDULE I—AMENDMENTS

SrOCK DISEASES (BOARD OF TICK CONTROL) AMENDMENT

ACT 1988 No. 38

NEW SOUTH WALES

Act No. 38, 1988

An Act to amend the Stock Diseases Act 1923 in connection with the Board of Tick Control; and for other purposes. [Assented to 6 July 1988]

Slock Diseases (Board o f Tick Control) Amendment 1988

The I>egislature of New South Wales enacts;

Short title

1.     This Ad may be cited as the Stock Diseases (Board of Tick Control)

Amendment Act 1988.

Commencement

2.     This Ad commences on a day to be appointed by proclamation.

Amendment of Stock Diseases Act 1923 No. 34

3. The Stock Diseases Act 1923 is amended as set out in Schedule 1.

Transitional provision

4.     (1) A person who, immediately before the commencement of this Act,

held office as a member o f the Board of Tick Control as then constituted

under Part 2 of the Stock Diseases Act 1923—

(a) ceases to hold office on the commencement of this Act; and

(b) is not entitled to any remuneration or compensation because of the loss of that office.

(2) The repeal by this Act of Part 2 of the Stock Diseases Act 1923 does not affect the continuity of employment of an inspedor referred to in section 5 (10) of that Act.

(3) Any right or interest, and any duty or obligation, that was, immediately before the commeneement of this Act, conferred or imposed on an inspector by virtue of section 5 (9) or (10) of the Stock Diseases Act 1923 continues as if this Act had not been enacted.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 1a (Arrangement)—

Omit the section.

(2) Part 2—

Omit the Part, insert instead;

PART 2— BOARD OF TICK CONTROL

The Board

5. (1) There shall be a Board of Tick Control.

(2) The Board has the following functions:

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Slock Diseases (Board o f Tick Control) Amendment 198S

SCHEDULE I— AMENDMENTS—

(a)	to furnish recommendations to the Minister on matters relating to the control and eradication of cattle tick, including the proclamation o f areas as quarantine areas;
(b)	to advise the Minister concerning any matter referred to it by the Minister.

(3) The Board—

(a)	has such other powers and functions as may be conferred or imposed on it by or under this or any other Act; and
(b)	is, in the exercise or performance of its powers and functions, subject to the control and direction of the Minister.

(4) The Board shall consist o f 8 part-time members appointed

by the Governor.

(5) Of the members—

(a)	1 shall be an officer of the Department of Agriculture and Fisheries nominated by the Minister; and
(b)	1 shall be a member of the Public Service Association of New South Wales nominated in accordance with the regulations; and
(c)	the other 6 shall be persons, elected as prescribed by the regulations, who are the owners of stock within quarantine areas declared as such on account of the presence or suspected presence of cattle tick.

(6) Schedule 1 has effect with respect to the members and

procedure o f the Board.

(7) The officer referred to in subsection (5) (a) shall be the

Chairperson o f the Board.

(8) The Minister may appoint such advisory committees as the Minister thinks fit to advise the Minister in relation to the control and eradication of cattle tick.

(3) Schedule I —

At the end of the Act, insert:

SCHEDULE 1—PROVISIONS RELATING TO THE MEMBERS

AND PROCEDURE OF THE BOARD OF TICK CONTROL

(Sec. 5 (6»

Age »r members

1, A person of or above ihc age of 70 years is not eligible to be appointed

as a member of the Board or to aci in the office of a member.

Siock Diseases (Board o f Tick Control) Amendment 1988

SCHEDULE 1— AMENDMENTS—

Acting members

2, ()) The Minister may, from time to time, appoint a person to act in the office of a member of the Board during any illness or absence of the member, and the person, while so acting, has all the functions and powers of the member and shall be taken to be a member of the Board.

(2) The Minister may, at any time, remove a person from any office to which the person was appointed under this clause,

(3) For the purposes of this clause, a vacancy in the office of a member of

the Board shall be taken to be an absence from office of the member.

Term of office

3. Subject to this Schedule, a member of the Board shall hold office for such period not exceeding 3 years as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

Remuneration of elected members

4. An elected member of the Board (including an acting elected 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.

Vacancy in office of member

5, (1) The office of a member of the Board 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) reaches the age of 70 years,

(2) The Governor may remove a member from office at any time.

Filling of vacancy in office of member

6, If the office of any member of the Board becomes vacant, a person shall,

subject to this Act, be appointed to fill the vacancy.

Effect of certain other Acts

7. (1) The Public Service Act 1979 does not apply to the appointment of a

member of the Board and a member is not, as a member, subject to that Act.

(2) If by or under any other 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 of the Board or from accepting and retaining any remuneration payable to the person under this Act as such a member,

(3) The office of a member of the Board is not, for the purposes of any Act, an office or place of profit under the Crown.

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Liability of itii-mbers etc.

8, No mailer or thing done by the Board, any member of the Board or any person acting under the direction of the Board shall, if the matter or thing was done in good faith for the purptose of executing this or any other Act. subject 3 member or a person so acting personally to any action, liability, claim or demand.

General procedure

9. The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Board.

Presiding member

10, ( I) Ai a meeting of the Board— (a) the Chairperson of the Board; or

(b) in the absence of the Chairperson, one of the members chosen by the members present, shall preside.

(2) The person presiding at a meeting of the Board has a deliberative vote

only.

Quorum

11. The quorum for a meeting of the Board is 5 members.