Schedule 1—Repeal, transitional and temporary provisions
Part
1—Repeal of Citrus Industry Act 1991
The Citrus Industry Act 1991 is repealed.
Part 2—Transitional provisions—general
Money held by the Citrus Board of South Australia at the commencement of this
clause must be paid into the Citrus Industry Fund.
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.
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.
(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 .
This Part will expire on the commencement of section 7.
Part 4—Temporary provisions
(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.
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.