South Australian Numbered Acts

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CITRUS INDUSTRY ACT 2005 (NO 42 OF 2005) - SCHEDULE 1

Schedule 1—Repeal, transitional and temporary provisions

Part 1—Repeal of Citrus Industry Act 1991

1—Repeal

The Citrus Industry Act 1991 is repealed.

Part 2—Transitional provisions—general

2—Funds

Money held by the Citrus Board of South Australia at the commencement of this clause must be paid into the Citrus Industry Fund.

3—Audit and annual report

The first audit and annual report under the Act must, in accordance with directions of the Minister, take into account the funds and activities of the Citrus Board of South Australia under the Citrus Industry Act 1991 for the period since the last audit and report under that Act.

4—Regulations

The regulations may make other provisions of a savings or transitional nature consequent on the enactment of this Act.

Part 3—Transitional provisions—Board

5—Selection of members of first Board

        (1)         For the purposes of making the first appointments to the Board under this Act, section 7(1)(b) is to be read as if it required 6 persons to be appointed to the Board on the nomination of the selection committee established under this Part—

            (a)         3 being eligible citrus growers who have, in the opinion of the committee, extensive knowledge of and experience in the production of citrus fruit; and

            (b)         3 being persons (other than citrus growers) who have, in the opinion of the committee, extensive knowledge of and experience in the marketing of citrus fruit or citrus fruit products or any other foodstuffs.

        (2)         In this clause—

eligible citrus grower means a citrus grower—

            (a)         who was registered under the Citrus Industry Act 1991 immediately before the commencement of this clause; and

            (b)         who is not in default in relation to contributions under the Citrus Industry Act 1991 .

6—Establishment and membership of selection committee

        (1)         The Citrus Industry Development Board Selection Committee is established.

        (2)         The committee consists of 5 members appointed by the Minister.

        (3)         The Minister must appoint the members of the selection committee from a panel of 10 persons nominated in accordance with this clause.

        (4)         The Minister must invite organisations or other bodies that are, in the opinion of the Minister, representative of citrus industry participants and substantially involved in the citrus industry—

            (a)         to each nominate a specified number of persons to the panel from which the Minister must appoint members of the selection committee; and

            (b)         to provide reasons in writing in support of each nomination.

        (5)         The Minister must appoint a member of the selection committee to preside at meetings of the committee.

7—Term and conditions of membership of selection committee

        (1)         A member of the selection committee will be appointed for a term ending when the committee has nominated 6 persons for appointment to the Board as contemplated by this Part.

        (2)         The Minister may remove a member of the selection committee from office—

            (a)         for misconduct; or

            (b)         for failure or incapacity to carry out official duties satisfactorily.

        (3)         The office of a member of the selection committee becomes vacant if the member—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed; or

            (c)         resigns by written notice addressed to the Minister; or

            (d)         is removed from office under subclause (2).

        (4)         On the office of a member becoming vacant prior to the completion of the full term for which that member was appointed, a suitable person may be appointed for the remainder of that term by the Minister.

8—Allowances and expenses

        (1)         A member of the selection committee is entitled to allowances and expenses determined by the Minister.

        (2)         The allowances and expenses must be paid out of the funds of the Board under the Citrus Industry Act 1991 or reimbursed to the Minister by the Board after the commencement of section 15 out of the Citrus Industry Fund.

9—Procedures of selection committee

        (1)         Subject to clause 10—

            (a)         all members of the committee must be present when the committee is making a nomination to the Board;

            (b)         4 members of the committee constitute a quorum for the purpose of the transaction of other business by the committee.

        (2)         If the member appointed to preside at meetings of the committee is absent from a meeting of the committee, a member chosen by the members present at the meeting will preside.

        (3)         A decision carried by a majority of the votes cast by the members present at a meeting of the committee is a decision of the committee.

        (4)         Each member present at a meeting of the committee (subject to clause 10) has 1 vote on a question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.

        (5)         A conference by telephone or other electronic means between the members of the committee will, for the purposes of this clause, be taken to be a meeting of the committee at which the participating members are present if—

            (a)         notice of the conference is given to all members in the manner determined by the committee for the purpose; and

            (b)         each participating member is capable of communicating with every other participating member during the conference.

        (6)         A proposed resolution of the committee becomes a valid decision of the committee despite the fact that it is not voted on at a meeting of the committee if—

            (a)         notice of the proposed resolution is given to all members of the committee in accordance with procedures determined by the committee; and

            (b)         a majority of the members express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution.

        (7)         The committee must have accurate minutes kept of its meetings.

        (8)         Subject to this Part, the Board may determine its own procedures.

10—Conflict of interest over appointments

        (1)         A member of the selection committee who is closely associated with a person who is under consideration by the committee for nomination to the Board must disclose the existence of that association to the committee.

Maximum penalty: $5 000.

        (2)         A disclosure under subclause (1) must be recorded in the minutes of the committee.

        (3)         A member of the selection committee who is closely associated with a person under consideration by the committee for nomination to the Board—

            (a)         must not, except on the request of the committee, take part in a discussion by the committee relating to that person; and

            (b)         must not vote in relation to the nomination of that person to the Board; and

            (c)         must, unless the committee permits otherwise, be absent from the meeting room when any such discussion or voting is taking place.

Maximum penalty: $5 000.

        (4)         It is a defence to a charge of an offence against this clause for the defendant to prove that, at the time of the alleged offence, the defendant was unaware of his or her association with the person concerned.

        (5)         The fact that a member has failed to comply with this clause in relation to a person does not invalidate a resolution or decision made in relation to that person.

        (6)         A member of the committee is closely associated with another person if that other person is—

            (a)         a director or member of the governing body of a body corporate of which the member is a director or member of the governing body; or

            (b)         a beneficiary under a trust or an object of a discretionary trust of which the member is a trustee; or

            (c)         a party to a partnership or share-farming agreement to which the member is also a party; or

            (d)         an employer or employee of the member; or

            (e)         the spouse, parent or child of the member.

        (7)         In this clause—

spouse includes putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975 ).

11—Validity of acts of selection committee

An act or proceeding of the selection committee is not invalid by reason only of a vacancy in its membership (but not more than 1) or a defect in the appointment of a member.

12—When appointments to first Board take effect

On the commencement of section 7

            (a)         the members of the Board then in office vacate their offices; and

            (b)         the appointments made to the Board pursuant to the Acts Interpretation Act 1915 (following nomination by the selection committee under this Part) take effect despite section 14C(3) of the Acts Interpretation Act 1915 .

13—Expiry of Part

This Part will expire on the commencement of section 7.

Part 4—Temporary provisions

14—Conflict of interest

        (1)         A member of the Board who has a personal or a direct or indirect pecuniary interest in a matter under consideration by the Board—

            (a)         must, as soon as he or she becomes aware of the interest, disclose the nature and extent of the interest to the Board; and

            (b)         must not take part in any deliberations or decision of the Board on the matter.

Maximum penalty: $5 000.

        (2)         A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of this clause by reason only of the fact that the member has an interest in the matter that is shared in common with the citrus industry generally or a substantial section of the citrus industry in this State.

        (3)         A disclosure under this clause must be recorded in the minutes of the Board.

        (4)         If a member of the Board discloses an interest in a proposed contract under this clause and takes no part in any deliberations or decision of the Board on the contract—

            (a)         the contract is not liable to be avoided by the Board; and

            (b)         the member is not liable to account for profits derived from the contract.

15—Immunity of persons engaged in administration of Act

        (1)         No personal liability attaches to a person engaged in the administration of this Act for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of official powers or functions.

        (2)         A liability that would, but for subsection (1), lie against a person, lies instead against the Crown.

16—Expiry of Part

This Part will expire on the commencement of section 28 of the Statutes Amendment (Honesty and Accountability in Government) Act 2003 or if that section has come into operation before the commencement of this clause, will be taken not to have been enacted.



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