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GAME AND FERAL ANIMAL CONTROL ACT 2002 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to members and procedure of Game and Pest Management Advisory Board

(Section 8)

1 Definitions

In this Schedule--

"Chairperson" means the Chairperson of the Advisory Board.

"member" means any member of the Advisory Board.

2 Terms of office of members

Subject to this Schedule, a member holds office for such period (not exceeding 5 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Chairperson

(1) One of the members is to be appointed by the Minister as the Chairperson of the Advisory Board.
(2) The Minister may remove a member from office as Chairperson at any time.
(3) A member who is a member and Chairperson vacates office as Chairperson if the person--
(a) is removed from that office by the Minister, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a member.

4 Deputies

(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available, act in the place of the member.
(3) While acting in the place of a member, a person has all the functions of the member and is taken to be a member.

5 Remuneration

A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

6 Vacancy in office of 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-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 4 consecutive meetings of the Advisory Board of which reasonable notice has been given to the member, except on leave granted by the Advisory Board, 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, or
(h) is convicted of an offence in New South Wales or elsewhere involving cruelty or harm to animals, or
(i) 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.
(2) The Minister may remove a member from office without notice and for any reason.
(3) If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

7 Personal liability

A matter or thing done or omitted to be done by the Advisory Board, a member of the Advisory Board or a person acting under the direction of the Advisory Board does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.

8 General procedure

The procedure for the calling of meetings of the Advisory Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Advisory Board.

9 Quorum

The quorum for a meeting of the Advisory Board is a majority of its members for the time being.

10 Presiding member

(1) The Chairperson is to preside at a meeting of the Advisory Board.
(2) In the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the Advisory Board.
(3) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

11 Voting

A decision supported by a majority of the votes cast at a meeting of the Advisory Board at which a quorum is present is the decision of the Advisory Board.

12 Transaction of business outside meetings or by telephone

(1) The Advisory Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Advisory Board for 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 Advisory Board.
(2) The Advisory Board may, if it thinks fit, 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 Advisory Board.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Advisory Board.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.

13 Frequency of meetings

The Advisory Board is to meet at least twice each year.

14 First meeting

The Minister may call the first meeting of the Advisory Board in such manner as the Minister thinks fit.



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