Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 40.

40. (1) At a meeting of the Protected Zone Joint Authority-

   (a)  the Commonwealth Minister shall preside, if he is present;

   (b)  if deputies of members only are present, the deputy of the
        Commonwealth Minister shall preside; and

   (c)  if neither paragraph (a) nor paragraph (b) is applicable, the
        Queensland Minister shall preside.

(2) Meetings of the Protected Zone Joint Authority shall be convened by the
Commonwealth Minister, and he shall convene such a meeting if requested to do
so by the other member.

(3) The quorum for a meeting of the Protected Zone Joint Authority is 2
members.

(4) If, at a meeting of the Protected Zone Joint Authority, the members are
not agreed as to the decision to be made on a matter, the Commonwealth
Minister may, subject to sub-section (5), decide that matter and his decision
shall have effect as the decision of the Protected Zone Joint Authority.

(5) Where-

   (a)  the Commonwealth Minister proposes to decide a matter in accordance
        with sub-section (4); and

   (b)  the Queensland Minister requests the Commonwealth Minister to delay
        the making of the decision to permit consultations to take place in
        relation to the proposed decision, the Commonwealth Minister shall
        delay the making of the decision for such period as he considers
        reasonable to permit those consultations to take place.

(6) A member of the Protected Zone Joint Authority may, by written or other
communication, submit a matter within the functions of the Protected Zone
Joint Authority for consideration by the other member of the Protected Zone
Joint Authority and, if the members of the Protected Zone Joint Authority are
agreed as to the decision to be made on the matter, the Protected Zone Joint
Authority shall be taken to have made a decision accordingly and the
Commonwealth Minister shall, upon being satisfied that the members are so
agreed, record the decision as a decision of the Protected Zone Joint
Authority.

(7) The Protected Zone Joint Authority may establish advisory committees,
consisting of such persons as it thinks fit, to provide information and advice
to the Protected Zone Joint Authority on scientific, economic and technical
matters related to any fishery.

(8) Subject to this section, the Protected Zone Joint Authority may adopt its
own rules of procedure.

(9) The Commonwealth Minister shall cause written records to be kept of the
decisions of the Protected Zone Joint Authority and such a record, if signed
by the Commonwealth Minister, or a deputy of the Commonwealth Minister, who
took part in or made the decision, is prima facie evidence that the decision,
as recorded, was duly made.

(10) In proceedings in any court, an instrument or other document signed on
behalf of the Protected Zone Joint Authority by a member of the Protected Zone
Joint Authority, shall be deemed to be duly executed by the Protected Zone
Joint Authority and, unless the contrary is proved, shall be deemed to be in
accordance with a decision of the Protected Zone Joint Authority.