South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SCHEDULE 3

Schedule 3—Supplementary provisions relating to the South Australian Bushfire Prevention Advisory Committee

1—Terms and conditions of office

        (1)         A member of the Advisory Committee to be appointed by the Governor will be appointed for a term not exceeding 3 years and on such conditions as the Governor determines and, at the expiration of a term of appointment, will be eligible for reappointment.

        (2)         The Governor may remove a member appointed by the Governor from office—

            (a)         for a breach of, or non-compliance with, a condition of appointment; or

            (b)         for mental or physical incapacity to carry out official duties satisfactorily; or

            (c)         for neglect of duty; or

            (d)         for misconduct.

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

            (a)         dies; or

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

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

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

        (4)         On the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

2—Quorum etc

        (1)         The presiding member will, if present at a meeting, preside at that meeting, and in the absence of that member, a member chosen by those present will preside.

        (2)         8 members constitute a quorum of the Advisory Committee.

        (3)         Subject to this clause, each member present at a meeting has 1 vote on a matter arising for decision at the meeting.

        (4)         A decision carried by a majority of members present at a meeting of the Advisory Committee is a decision of the Advisory Committee.

        (5)         In the event of an equality of votes on a matter arising for the decision, the person presiding at the meeting has a second or casting vote.

        (6)         Subject to this Act, the business of the Advisory Committee will be conducted in such manner as the Advisory Committee determines.

3—Validity of acts

An act or proceeding of the Advisory Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

4—Conflict of interest

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

            (a)         must, as soon as reasonably practicable, disclose in writing to the Advisory Committee full and accurate details of the interest; and

            (b)         must not take part in any discussion by the Advisory Committee relating to that matter; and

            (c)         must not vote in relation to that matter; and

            (d)         must be absent from the meeting room when any such discussion or voting is taking place.

Maximum penalty: $20 000.

        (2)         Without limiting the effect of this clause, a member will be taken to have an interest in a matter for the purposes of this clause if an associate of the member has an interest in the matter.

        (3)         This clause does not apply in relation to a matter in which a member has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.

        (4)         The Minister may, by notice published in the Gazette, exempt a member (conditionally or unconditionally) from the application of a provision of this clause, and may, by further notice published in the Gazette, vary or revoke such an exemption.

        (5)         Non-compliance by a member with a duty imposed by this clause constitutes a ground for removal of the member from office.

        (6)         If a member or former member is convicted of an offence for a contravention of this clause, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the Minister—

            (a)         if the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and

            (b)         if the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.

        (7)         If a member or former member is guilty of a contravention of this clause, the Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—

            (a)         if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and

            (b)         if any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.