Division 7Division 7 Provisions relating to members and procedure of Management Advisory Committees
In this Division:industry member means a member of a MAC elected and appointed pursuant to section 230 (2) (a) of the Act.
MAC means a Management Advisory Committee.
member means a member of a MAC.
non-elected member means a member of a MAC appointed pursuant to section 230 (2) (b) of the Act.
returning officer means the returning officer for an election (within the meaning of Division 6 of this Part).
(1) For the purposes of section 230 (2) (b) of the Act, non-elected members are to be appointed from among the following interested groups:(a) NSW Fisheries,(b) groups representing recreational fishers,(c) the Nature Conservation Council,(d) groups representing indigenous Australians,(e) such other groups as the Minister considers appropriate.(2) The number of non-elected members appointed to a MAC is to be less than the number of industry members of the MAC.(3) At least one of the non-elected members appointed to each MAC is to be a person selected from a panel of nominees of the Nature Conservation Council.(4) (Repealed)
401 Appointment of Nature Conservation Council representatives
(1) For the purposes of clauses 399 (1) (c) and 400 (c), the Minister is to request the Nature Conservation Council to nominate one or more persons from among its officers and members as a candidate or as candidates for appointment to the MAC concerned.(2) The Minister may decline to accept the nomination of any such candidate. In such a case the Minister:(a) is to advise the Nature Conservation Council of that decision and of the reason for that decision, and(b) if the Minister considers it appropriate, is to give the Nature Conservation Council an opportunity to nominate another candidate or candidates.(3) If the Nature Conservation Council:(a) fails to nominate a candidate, or a sufficient number of candidates, for appointment to the relevant MAC within 60 days after being requested to do so by the Minister, or(b) fails to nominate within that period a candidate, or a sufficient number of candidates, whose nomination is, or whose nominations are, accepted by the Minister,the Minister may appoint as a member of that MAC any person or persons whom the Minister considers suitable to represent the interests of the Council, instead of a person nominated by the Council.
(1) A member may, from time to time, appoint a person to be the deputy of the member, and may at any time revoke any such appointment.(2) Such an appointment may be made only with the approval of the Minister. The Minister may revoke such approval at any time.(3) In the absence of a member, the member’s deputy:(a) may, if available, act in the place of the member, and(b) while so acting, has all the functions of the member and is to be taken to be the member.(4) A person, while acting in the place of a member, is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.
Subject to this Division:(a) an industry member holds office for a term of 3 years but is eligible (if otherwise qualified) for re-election and re-appointment, and(b) a non-elected member holds office for the term specified in his or her appointment (not exceeding 3 years) but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such allowances as the Minister from time to time determines in respect of the member.
405 Vacancy in office of a member
(1) The office of a member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not re-elected or re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this clause, or(e) is absent from 3 consecutive meetings of the MAC of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for having been absent from those meetings, or(f) 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 remuneration for their benefit, or(g) becomes a mentally incapacitated person.(2) The Minister may remove a non-elected member from office at any time.(3) The Minister may remove an industry member from office if the member:(a) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(b) is convicted of an offence under the Act, this Regulation or any other regulation made under the Act or an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(c) ceases to be qualified to be elected to the MAC (see Division 5 of this Part), or(d) has, in the opinion of the Minister, ceased to effectively represent the shareholders or commercial fishers he or she was elected to represent, or(e) has, in the opinion of the Minister, engaged in conduct that is likely to bring the fishing industry into disrepute, or(f) has been formally reprimanded by the chairperson of the MAC of which he or she is a member for unruly or disruptive behaviour at a meeting of the MAC on not less than 3 occasions (whether occurring at the same meeting or at different meetings of the MAC).
406 Filling of vacancy in office of member
(1) If the office of an industry member becomes vacant because the term of office of the member has ended, an election is to be held in accordance with Division 6 of this Part for the purpose of appointing a new member.(2) If a vacancy occurs in the office of an industry member otherwise than because the term of office of the member has ended, the Minister may appoint a person to fill the office for the remainder of that term, being a person who would be qualified to be elected to the office and who the Minister decides, after consultation with the relevant industry sector, is appropriate for that office.
407 General procedure for calling and holding meetings of a MAC
(1) The procedure for the calling and holding of meetings of a MAC is to be determined by the Minister, subject to clause 408.(2) The Minister is to call at least 2 meetings of a MAC each calendar year, unless otherwise determined by the MAC.
408 Transaction of business outside meetings or by telephone
(1) A MAC may, with the written approval of the Director-General, transact any of its business by the circulation of papers among all the members of the MAC the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the MAC.(2) A MAC may, with the written approval of the Director-General, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),the chairperson and each member have the same voting rights as they have at an ordinary meeting of the MAC.(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the MAC.(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The quorum for a meeting of a MAC consists of the majority of its industry members for the time being.
(1) A decision supported by a majority of votes cast at a meeting of a MAC at which a quorum is present is the decision of the MAC, but only if the majority of members present are industry members.(2) (Repealed)