8   Constitution of Committee

(1)  There is constituted by this Act the Building and Construction Industry Long Service Payments Committee.

(2)  The Committee shall consist of 11 members, of whom:

(a)  one, who shall be the Chairperson of the Committee, shall be the Chief Executive Officer or a person for the time being nominated by the Chief Executive Officer,

(b)  3 shall be persons appointed by the Minister from a panel of 6 persons nominated by Unions NSW,

(c)  3 shall be persons appointed by the Minister from a panel of 6 persons nominated jointly by the Master Builders’ Association of New South Wales and the Australian Federation of Employers and Industries, and

(d)  4 shall be persons appointed by the Minister who have a knowledge of, and experience in, the building and construction industry.

(3)  Where, for the purposes of subsection (2) (b) or (c), nominations of persons to constitute a panel are not made within the time or in the manner specified by the Minister in a written notice given to the body or organisation entitled to make the nominations, the Minister may appoint a person to be a member of the Committee instead of the person required to be appointed from that panel and the person so appointed shall be deemed to have been duly nominated.

(4)  Schedule 1 has effect with respect to the members and procedure of the Committee.

(5)  In any legal proceedings, proof is not required (until evidence is given to the contrary) of:

(a)  the constitution of the Committee,

(b)  any resolution of the Committee,

(c)  the appointment of, or the holding of office by, any member of the Committee, or

(d)  the presence of a quorum at any meeting of the Committee.

(6)  In any other Act, in any instrument made under any Act or in any other instrument of any kind, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the “Building and Construction Industry Committee” shall be read as a reference to the Building and Construction Industry Long Service Payments Committee constituted by this section.