South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SCHEDULE 4

Schedule 4—Supplementary provisions relating to regional and district bushfire prevention committees

1—Interpretation

In this Schedule—

committee means—

            (a)         a regional bushfire prevention committee; or

            (b)         a district bushfire prevention committee;

responsible authority means—

            (a)         in relation to a regional bushfire prevention committee—the Chief Officer of SACFS;

            (b)         in relation to a district bushfire prevention committee—the council, or councils, that established the committee.

2—Terms and conditions of office

        (1)         A person appointed to a committee will be appointed for a term not exceeding 2 years and on such conditions as the responsible authority determines after consultation with the Minister and, at the expiration of a term of appointment, will be eligible for reappointment.

        (2)         The responsible authority may remove a member from office for any reasonable cause.

        (3)         The responsible authority may appoint a suitable person to any vacancy in the membership of a committee.

3—Constitution

The responsible authority may, if it thinks fit, provide that a committee will have a constitution determined by the responsible authority.

4—Quorum etc

        (1)         A committee must, on an annual basis, elect 1 of its members to be its presiding member.

        (2)         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.

        (3)         Subject to subclause (4), a committee may act notwithstanding vacancies in its membership.

        (4)         The prescribed number of members of a committee constitutes a quorum of the committee.

        (5)         In subclause (4), the prescribed number is a number ascertained by dividing the total number of members of the committee by 2, ignoring any fraction resulting from the division, and adding 1.

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

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

        (8)         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.

        (9)         Subject to this Act and the committee's constitution (if any), the business of a committee will be conducted in such manner as the responsible authority determines or, in the absence of a determination of the responsible authority in relation to the matter, in such manner as the committee itself determines.

5—Conflict of interest

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

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

            (b)         must not take part in any discussion by the 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.



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