Part 2 The Exhibited Animals Advisory Committee
(1) There is constituted by this Act an Exhibited Animals Advisory Committee.(2) The advisory committee:(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,(b) shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and(c) shall, in the exercise of its functions (except in relation to the contents of a report or a recommendation made by it to the Minister), be subject to the control and direction of the Minister.(3) The advisory committee shall consist of 6 members who shall be appointed by the Minister.(4) Of the members:(a) one is to be a person nominated by the Minister,(b) one is to be a person selected by the Minister from a panel of persons nominated by the board,(c) one shall be a person nominated by the Minister administering the National Parks and Wildlife Act 1974,(d) one shall be a person nominated by the Minister administering the Prevention of Cruelty to Animals Act 1979,(e) one shall be a person selected by the Minister from persons nominated by prescribed animal welfare organisations, and(f) one shall be a person selected by the Minister from persons nominated by prescribed organisations representing exhibitors of animals.(5) Where, but for this subsection, the Minister would be unable to appoint a member because of the failure of a person or body to nominate a person or panel of persons in accordance with any paragraph of subsection (4):(a) the Minister may appoint any person the Minister considers qualified to hold office as that member, and(b) the person so appointed shall be a member and shall be deemed to have been appointed in accordance with that paragraph.(6) Schedule 1 has effect with respect to the members.(7) Schedule 2 has effect with respect to the procedure of the advisory committee.
7 Staff of the advisory committee
(1) The advisory committee may:(a) with the approval of the Minister, and(b) on such terms and conditions as may be approved by the Public Service Board,arrange for the use of the services of any staff or facilities of a government department, administrative office or public authority.(2) The Director-General may, with the approval of the Minister, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to the advisory committee.(3) The terms and conditions under which persons are engaged under this section shall be such as are from time to time determined by the Director-General with the approval of the Minister.
8 Functions of the advisory committee
The advisory committee has the following functions:(a) to advise the Director-General so as to promote a co-ordinated approach in policy and administration between the Director-General and government departments administering legislation relating to the importation, control, care and welfare of animals,(b) to monitor the effectiveness of the scheme governing the exhibition of animals established under Part 3 and to recommend to the Director-General any changes which may appear to the advisory committee to be necessary for the efficient operation of that scheme,(c) to carry out any function which may be delegated to it by the Director-General.
(1) The advisory committee may at any time request the Director-General to cause an inspection to be made of any licensed premises.(2) The advisory committee may, by instrument in writing, authorise a member to accompany an inspector during the conduct of an inspection and any member so authorised shall, during the conduct of the inspection, be deemed to be an inspector.
10 Recommendations and reports
(1) The advisory committee shall forward to the Director-General any recommendations and reports made by it in the exercise of the functions conferred or imposed on it by or under this Act.(2) The Director-General shall, at such times as the Minister may request, forward copies of any such recommendations or reports to the Minister.
(1) The advisory committee may delegate to a person the exercise of any of its functions, other than this power of delegation.(2) A delegation under this section:(a) shall be in writing,(b) may be general or limited, and(c) may be revoked, wholly or partly, by the advisory committee.(3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.(4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the advisory committee.(5) A delegation under this section does not prevent the exercise of a function by the advisory committee.(6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
