Division 1 Constitution of State Council
19 Constitution of State Council
(1) There is constituted by this Act a corporation under the corporate name of State Management Council of Livestock Health and Pest Authorities (the State Council).(2) The State Council does not, for any purpose, represent the Crown.
(1) The State Council consists of the following persons:(a) 6 persons appointed by the Policy Council, after a process of selection on merit, from among the directors of boards of authorities,(b) 2 persons appointed by the Policy Council, after a process of selection on merit, on the basis of each person having expertise, experience or qualifications in one or more of the following areas:(i) law,(ii) business,(iii) financial management,(iv) corporate governance,(v) any other area of expertise that the Policy Council determines to be relevant to the operation of the State Council,(c) one person appointed by the Minister, on the nomination of the Director-General, being a person with experience in animal health and pest management.(2) The Minister may give directions as to the manner in which and the time within which appointments are to be made by the Policy Council for the purposes of this section.(3) If the Policy Council fails to make an appointment or appointments under this section, the State Council is nevertheless properly constituted.
21 Provisions relating to constitution and procedure of State Council
(1) The constitution and procedure of the State Council are, subject to this Act and the regulations, to be determined by the State Council.(2) Schedule 1 has effect with respect to the constitution and procedure of the State Council.
Division 2 Functions of State Council
(1) The State Council has such functions as are conferred or imposed on it by or under this or any other Act.(2) Without limiting subsection (1), the State Council has the following functions:(a) the supervision of the governance of authorities,(b) the preparation and adoption of a strategic plan and strategic policies for the protection of rural lands having regard to the advice of the Policy Council,(c) the co-ordination of the implementation by authorities of the following:(i) general policies for the protection of rural lands determined by the Policy Council,(ii) strategic policies for the protection of rural lands determined by the State Council,(d) the monitoring and supervision of the implementation by authorities of the following policies in districts where those policies have been the subject of a guideline issued under section 23:(i) general policies for the protection of rural lands determined by the Policy Council,(ii) strategic policies for the protection of rural lands determined by the State Council,(e) public education about, and promotion of, the functions, role and activities of authorities,(f) the provision of administrative services to the Policy Council,(g) the provision of advice and assistance about, and the monitoring of the implementation by authorities of, function management plans,(h) consultation with authorities about, and entering into arrangements on behalf of authorities for or with respect to, services provided by authorities on behalf of public authorities,(i) engagement in negotiations with public authorities in relation to the exercise of functions of the authorities that affect those public authorities,(j) ensuring, as far as practicable, that authorities carry out the financial obligations imposed on them by or under this or any other Act,(k) production and dissemination of information on the functions, policies and procedures of authorities,(l) provision of training for staff and directors of authorities concerning the administration and operation of authorities and functions carried out by the staff and directors,(m) carrying out such other functions relating to the administration of this Act as may be conferred or imposed on it by the Minister.(3) The State Council cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the State Council to exercise its functions.
(1) The State Council may issue guidelines to authorities that are not inconsistent with this Act or any other law with respect to:(a) the exercise of any function of an authority, and(b) financial reports of authorities and the auditing of those reports, and(c) the implementation of general policies for the protection of rural lands determined by the Policy Council, and(d) the implementation of strategic policies for the protection of rural lands determined by the State Council, and(e) the determination of relevant areas of expertise for the purposes of section 39 (3) (b) (v).(2) The Policy Council may request the State Council to issue a guideline under subsection (1) (c) regarding the implementation of a general policy for the protection of rural lands determined by the Policy Council.(3) The State Council must issue the guideline unless the State Council has:(a) consulted with the Policy Council, and(b) had regard to the views of the Policy Council, and(c) resolved that it disagrees with the policy determined by the Policy Council.(4) Any such guidelines may adopt a standard or other document as in force from time to time.(5) Without limiting subsection (1), the State Council may issue guidelines in respect of the preparation, contents, submission and adoption of function management plans.
The State Council may delegate any of its functions (other than this power of delegation) to an authority or any other person.
25 Operating plans, budgets and reports
(1) The State Council must, at least 2 months (or such other period as may be specified in the regulations) before the commencement of each financial year, provide an annual operating plan and budget for the operations of the State Council (in the manner specified in the regulations, if any) for that following financial year to the Minister and the Policy Council.(2) The State Council must, as soon as practicable after the end of each financial year (but within such period as may be specified in the regulations), report to the Minister and the Policy Council (in the manner specified in the regulations, if any) on the performance of the State Council in respect of the strategic plan and annual operating plan during the previous financial year.
Division 3 Authorities to comply with State Council’s orders
27 State Council may order an authority to take specified action
(1) The State Council may, by notice in writing, order an authority to take action specified in the notice with respect to the carrying out of any function of the authority.(2) The State Council may make such an order if:(a) an authority fails to comply with any obligation imposed on it in respect of the function by or under this or any other Act or the memorandum of understanding, or(b) an authority fails to exercise a function in conformity with any relevant guideline, or(c) an authority fails to exercise a function in conformity with any relevant function management plan, or(d) the State Council considers it necessary to make such an order to ensure that the authority complies with such an obligation or acts in conformity with the guideline or plan in the future.(3) The notice may require the authority to comply with the order within such reasonable period as is specified in the notice.
28 Notice to warn authority of consequence of failure to comply with order
A notice under section 27 is to warn the authority that a failure to comply with the order (or to comply with it within the period, if any, specified in the notice) may result in action being taken by the State Council under section 29 or appointment of an administrator under Part 14, or both.
29 Action that may be taken for failure to comply with order
(1) The State Council may itself take the action necessary to carry out a function in accordance with an order it has made to an authority if:(a) the authority fails to comply with the order within the period for compliance (if any) specified in the notice, or(b) no period for compliance is specified in the notice—the authority fails to comply with the order within a reasonable period after the order is made.(2) The State Council may take any action necessary to give effect to an order.(3) Any action taken by the State Council to give effect to an order made to an authority is to have effect as if it were taken by the authority.(4) The State Council may, by notice given to an authority, require the authority to pay to it an amount to reimburse the State Council within a period specified in the notice for any costs incurred by the State Council in taking action under this section.(5) Any amount that remains unpaid at the end of the period specified may be recovered by the State Council from the authority concerned as a debt in a court of competent jurisdiction.Note. The State Council may also request the Minister to appoint an administrator if an authority fails to comply with an order. See Division 2 of Part 14.
(1) The State Council is to establish and maintain a fund into which is to be paid all money received by the State Council by or under this or any other Act.(2) Money may, subject to this Act, be paid from the State Council’s fund for any purpose allowed under this or any other Act.
31 Authorities to contribute to State Council’s fund
(1) Each authority must, within such period and in such manner as is determined by the State Council, pay a contribution each financial year to the State Council for the purpose of enabling the State Council to carry out its functions.(2) The contribution to be made by each authority is to be calculated in the following manner or, if regulations are made for the purposes of this subsection, as prescribed by the regulations:(a) the State Council must, at least 2 months (or such other period as may be specified in the regulations) before the commencement of each financial year, determine the amount of money that it requires authorities to contribute to the State Council’s fund to enable it to carry out its functions during that following financial year,(b) the State Council is to notify the Policy Council of the amount so determined,(c) the Policy Council is to determine the portion of the total amount that is to be paid to the State Council’s fund by each authority.
The State Council may invest money in its fund:(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the State Council to invest the money—in accordance with the Trustee Act 1925 or in any other manner approved by the Minister with the concurrence of the Treasurer.
33 Financial year of State Council
The financial year of the State Council is the year commencing on 1 July.Note. A different financial year may be determined by the Treasurer under section 4 (1A) of the Public Finance and Audit Act 1983.
34 Audit of financial statements
The State Council must submit the financial statements relating to its accounts for a financial year and the opinion furnished by the Auditor-General under section 41C of the Public Finance and Audit Act 1983 to the Minister within 6 weeks after the Auditor-General submits them to the State Council.Maximum penalty: 20 penalty units.
35 Performance audit of State Council’s activities
(1) The Minister may request the Auditor-General to conduct a performance audit of all or any particular activities of the State Council under Division 2A of Part 3 of the Public Finance and Audit Act 1983.(2) The Auditor-General must conduct such a performance audit of all or any particular activities of the State Council if requested to do so by the Minister.(3) The cost of conducting a performance audit is payable by the State Council.Note. The Auditor-General may surcharge members and employees of the State Council for improper expenditure. See Part 15.
(1), (2) (Repealed)(3) A report for a year under the Annual Reports (Statutory Bodies) Act 1984 in respect of the State Council is to include details of any report for an authority submitted to it for the year under section 57A.(4) Despite sections 8 and 10 of the Annual Reports (Statutory Bodies) Act 1984, the State Council is to prepare the report of its operations for each financial year, and is to submit its annual report to the Minister and the Treasurer, within the period of 8 months after the end of the financial year.Note. Sections 8 and 10 of the Annual Reports (Statutory Bodies) Act 1984 provide that statutory bodies (within the meaning of that Act) are to prepare reports of their operations for each financial year, and are to submit annual reports to the appropriate Minister (and, if required, the Treasurer), within the period of 4 months after the end of the financial year. This provision extends that period to 8 months in relation to the State Council.
36A State Council report relating to auditing of authorities
The State Council is to prepare a report as to whether the auditing of authorities’ financial reports for each financial year has been satisfactorily carried out, and is to submit the report to the Minister and the Treasurer, within the period of 8 months after the end of the financial year.