Part 2 The Election Funding Authority
5 Constitution of the Authority
There is hereby constituted a corporation under the corporate name of the “Election Funding Authority of New South Wales”.
The Authority shall consist of 3 members, of whom:(a) one shall be the Commissioner,(b) one shall be appointed by the Governor on the nomination of the Premier, and(c) one shall be appointed by the Governor on the nomination of the Leader of the Opposition in the Assembly.
The Commissioner shall be the Chairperson of the Authority.
(1) There shall be an alternate for each appointed member.(2) The alternates shall be appointed by the Governor on the same nominations, respectively, as those required for the appointed members.(3) A member’s alternate may act as the member if the member is absent or if there is a vacancy in the office of the member.(4) An alternate, while acting as a member, shall be deemed to be a member and shall have and may exercise the functions of the member for whom he or she is the alternate.(5) No person shall be concerned to inquire whether or not any occasion has arisen in which a member’s alternate is authorised to act as the member, and all acts or things done or omitted by the alternate while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the member.(6) An alternate may be appointed notwithstanding any vacancy in the office of any member and, without affecting section 13, a vacancy in the office of any member does not affect the tenure of office of any alternate.
(1) A person who:(a) (Repealed)(b) is a member of the Council or Assembly or a candidate or an agent for a candidate,(c) is a member of a legislature other than the Parliament or a candidate for election as such a member,(d) is a councillor or mayor of a council, or chairperson or member of a county council, under the Local Government Act 1993 or is a candidate for election to such an office,(e) is a member of a public authority constituted by an Act,(f) is an officer of a party,(g) is a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act, or(h) is a bankrupt, is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, whose debts are subject to a composition with the person’s creditors, or whose fees and allowances would, upon the person’s appointment, be subject to an assignment for their benefit,is not eligible for appointment as an appointed member or alternate.(2) A person is not eligible for appointment as an appointed member or alternate unless:(a) the person consents to his or her nomination by instrument in writing furnished to the Minister, and(b) the person furnishes to the Minister a written statement, verified by statutory declaration, in or to the effect of the prescribed form, that the person is not ineligible for appointment by reason of any of the matters set out in subsection (1).(3) For the purposes of making an appointment referred to in subsection (1), and the recommendation to the Governor therefor, the Governor and the Minister are entitled to rely on the information contained in the written statement referred to in subsection (2) and furnished by the appointee.
10 Duty of Minister with respect to appointments
(1) The Minister shall, as far as practicable, request the appropriate nominations and make the appropriate recommendations to the Governor in sufficient time so as to ensure that:(a) the appointment of appointed members and alternates is, as far as practicable, made within the period of 6 months after the day for the return of the writs for each general election, and(b) the appointment of a person to fill a vacancy under section 14 is made as soon as practicable after the vacancy occurs.(2) Where a person has been duly nominated for appointment pursuant to this Part, the Minister shall recommend the person’s appointment to the Governor, unless the person nominated is not eligible for appointment.
11 Provisions relating to nominations
Where a nomination of a person for appointment pursuant to this Part is not submitted within 14 days of a request therefor made by the Minister, or in the manner specified by the Minister, by order in writing to the person entitled to make the nomination, the Governor may make the appointment in the absence of the nomination, and the person so appointed shall hold office as if the person had been duly nominated.
12 Term of office of appointed members and alternates
(1) An appointed member or alternate shall, subject to this Act, hold office:(a) from the end of the period of 6 months commencing on and including the day for the return of the writs for the previous general election, and(b) until the end of the period of 6 months commencing on and including the day for the return of the writs for the next general election.(2) Nothing in subsection (1) prevents an appointment being made under this Act after the period referred to in subsection (1) (a) has commenced, and an appointment, if so made, takes effect from the date it is made and not from the commencement of that period.(3) This section does not affect the appointment of persons to fill vacancies, as referred to in section 14.(4) An appointed member or alternate is, if otherwise qualified, eligible for re-appointment.
(1) An appointed member or alternate shall be deemed to have vacated office:(a) if the appointed member or alternate dies,(b) if the appointed member or alternate is absent from 2 consecutive meetings of the Authority of which reasonable notice has been given to him or her personally or in the ordinary course of post, unless:(i) in the case of an appointed member—his or her alternate was present at either or both of those meetings, or(ii) in the case of an alternate—the member for whom he or she is the alternate was present at either or both of those meetings,(c) if the appointed member or alternate becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her estate, remuneration, fees or allowances for their benefit,(d) if the appointed member or alternate becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(e) if the appointed member or alternate is convicted in New South Wales of a crime or offence which is punishable by imprisonment for a period of 12 months or more, or if the appointed member or alternate is convicted elsewhere than in New South Wales of a crime or offence which if committed in New South Wales would be a crime or offence so punishable,(f) if the appointed member or alternate resigns his or her office by instrument in writing addressed to the Minister,(g) if the appointed member or alternate becomes a member of the Council or Assembly or a candidate or an agent for a candidate,(h) if the appointed member or alternate becomes a member of a legislature other than the Parliament or a candidate for election as such a member,(i) if the member or alternate becomes a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or is a candidate for election to such an office,(j) if the appointed member or alternate becomes a member of a public authority constituted by an Act,(k) if the appointed member or alternate becomes an officer of a party,(l) if there is a vacancy in any other office (other than Chairperson) under this Part (whether of appointed member or alternate) and the vacancy exists at any time during the period commencing on and including the date for the return of the writs for the next general election held after the commencement of the term of office of the members determined in accordance with section 12 (1) and ending on the expiration of that term of office so determined, or(m) if:(i) in the case of an appointed member—he or she is appointed as an alternate, or(ii) in the case of an alternate—he or she is appointed as an appointed member.(n) (Repealed)(2) Section 21AB (3) of the Parliamentary Electorates and Elections Act 1912 applies to and in respect of each appointed member and alternate in the same way as it applies to and in respect of the Commissioner.(3) Section 47 (1) (b) of the Interpretation Act 1987 does not apply to, or to the office of, an appointed member or alternate.
14 Filling of casual vacancies
(1) On the occurrence of a vacancy in the office of an appointed member or alternate, otherwise than by the expiration of his or her term of office, a person shall be appointed by the Governor, on the same nomination as that required for the former appointee, to hold office for the balance of the former appointee’s term of office.(2) A person may not be appointed to fill a vacancy under this section if the person was a candidate at any election held during the former appointee’s term of office.
(1) The procedure for the calling of meetings of the Authority and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Authority.(2) The Chairperson shall preside at all meetings of the Authority, and a meeting of the Authority shall not be held or continued unless the Chairperson is present at the meeting.(3) The Chairperson and one other member shall form a quorum at any meeting of the Authority, and any duly convened meeting of the Authority at which such a quorum is present shall be competent to transact any business of the Authority and shall have and may exercise all the functions of the Authority.(4) Meetings of the Authority shall be convened by the Chairperson, who shall give each appointed member and alternate at least 48 hours’ notice of each meeting.(5) Notwithstanding subsection (4), a meeting of the Authority may be held with less than 48 hours’ notice if the Chairperson and each appointed member or his or her alternate agree to its being held.(6) For the purposes of this section, an appointed member or alternate shall be deemed to have been given notice of a meeting if the notice is sent to that member’s or alternate’s usual place of abode or business.(7) The Authority shall hold at least 2 meetings in each year ending 31 December.
(1) The Governor may appoint an officer of the Public Service to act in the office of Chairperson while the Chairperson is absent from duty through illness or for any other cause or while there is a vacancy in the office of the Chairperson.(2) A person appointed under subsection (1) may not act as Chairperson if there is a person who is appointed to act as Commissioner and who is available to exercise his or her functions as Chairperson.(3) A person appointed under this section, while acting as Chairperson, shall be deemed to be the Chairperson and shall have and may exercise the functions of the Chairperson.(4) No person shall be concerned to inquire whether or not any occasion has arisen in which a person appointed under this section is authorised to act as Chairperson, and all acts or things done or omitted by the person while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the Chairperson.
(1) A decision supported by a majority of the votes of the members present and voting at a meeting of the Authority shall be the decision of the Authority.(2) In the event of an equality of votes in relation to a matter at a meeting of the Authority, the matter shall be adjourned to another meeting of the Authority.(3) If at the meeting to which a matter was adjourned under subsection (2) there is still an equality of votes in relation to the adjourned matter, the Chairperson shall have in addition to a deliberative vote a second or casting vote in relation to that matter.
The Authority shall cause full and accurate minutes to be kept of its proceedings at meetings.
(1) An appointed member or alternate is entitled to be paid such fees and allowances as the Minister may from time to time determine.(2) The fees and allowances determined under this section shall be payable at the same rate for both appointed members and for both alternates.
20 Public Service Act 1979 not to apply
The Public Service Act 1979 does not apply to or in respect of the appointment of any person as a member or alternate, and a person is not, in his or her capacity as a member or alternate, subject to that Act.
21 Members not personally liable
No matter or thing done by the Authority, and no matter or thing done by any member or by another person acting under the direction of or as delegate of the Authority, shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act conferring or imposing functions on the Authority, subject the member or person personally to any action, liability, claim or demand.