South Australian Numbered Acts South Australian Numbered Acts11—Insertion of sections 9B to 9F
After section 9A insert:
9B—Functions and powers of the Executive Board
(1) The Executive
Board is the governing body of A n angu Pitjantjatjara Yankunytjatjara.
(2) Subject to this
Act, the Executive Board—
(a) is
responsible for carrying out the functions of A n angu Pitjantjatjara
Yankunytjatjara and the day-to-day business of A n angu Pitjantjatjara
Yankunytjatjara; and
(b) may,
in carrying out the functions of A n angu Pitjantjatjara Yankunytjatjara,
exercise any power conferred on A n angu Pitjantjatjara Yankunytjatjara by or
under this Act.
(3) The Executive
Board must, in carrying out its functions, endeavour to advance the interests
of A n angu at all times.
(4) The Executive
Board must comply with a resolution of A n angu Pitjantjatjara Yankunytjatjara
made at an annual or special general meeting held in accordance with this Act
that directs the Executive Board to act, or to not act, in a specified manner.
(5) An act of the
Executive Board done in accordance with this Act is binding on A n angu
Pitjantjatjara Yankunytjatjara.
9C—Chairperson and Deputy Chairperson
(1) Subject to this
section, the Executive Board must elect 1 of its number to be the Chairperson,
and 1 to be the Deputy Chairperson.
(2) An election of a
Chairperson or Deputy Chairperson—
(a) must
take place at the first meeting of the Executive Board following the office or
offices of Chairperson or Deputy Chairperson (as the case requires) becoming
vacant; and
(b)
must, unless the election is uncontested, be by secret ballot.
(3) The office of
Chairperson or Deputy Chairperson—
(a)
becomes vacant on the day that an election is held under section 9; and
(b)
becomes vacant when the Chairperson or Deputy Chairperson (as the case
requires) resigns from that position by notice in writing given to—
(i)
in the case of the resignation of the
Chairperson—the Deputy Chairperson; or
(ii)
in the case of the resignation of the Deputy
Chairperson—the Chairperson; and
(c)
becomes vacant when a casual vacancy occurs in the office of the member of the
Executive Board who is the Chairperson or Deputy Chairperson (as the case
requires); and
(d)
becomes vacant when the casual vacancy referred to in paragraph (c) is
filled in accordance with section 9D.
(4) The Chairperson
is, in addition to his or her remuneration, allowances and expenses as a
member of the Executive Board, entitled to an allowance determined by the
Executive Board and approved by the Minister.
(5) The Minister must
determine to approve, or not approve, the proposed allowance within 28 days
after receiving the proposal, and may, in determining whether to approve the
allowance, take into consideration any matter the Minister thinks fit.
9D—Casual Vacancies
(1) The Executive
Board may, by resolution passed by at least a two-thirds majority, remove a
member of the Executive Board from office if the member—
(a)
becomes physically or mentally incapable of carrying out official duties
satisfactorily; or
(b)
fails to comply with a duty imposed under section 12B, 12C, 12D or 12F; or
(c) is
absent, without leave of the Executive Board, from 3 or more consecutive
meetings (the first of which having been held 3 months or more before the
last); or
(d)
engages in serious misconduct.
(2) The office of a
member of the Executive Board becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not re-elected or reappointed; or
(c)
resigns by notice in writing addressed to the Chairperson; or
(d) is
sentenced to imprisonment for an offence; or
(e) is
disqualified from managing corporations under Chapter 2D Part 2D.6 of the
Corporations Act 2001 of the Commonwealth; or
(f) is
appointed to the office of Director of Administration or General Manager or is
employed by A n angu Pitjantjatjara Yankunytjatjara; or
(g) is
removed from office by the Executive Board under subsection (1).
(3)
Subsection (2)(d) does not apply until the period for appealing against
the conviction has expired or, if an appeal is lodged within that period,
until the appeal is finalised.
(4) The Minister may
direct the Executive Board to remove a member from office who—
(a) has
failed to comply with a duty imposed under section 12B, 12C, 12D or 12F; or
(b) has
failed to attend 6 or more consecutive meetings of the Executive Board (the
first of which having been held 6 months or more before the last).
(5) If a casual
vacancy occurs in the office of a member, a supplementary election must,
subject to subsection (7), be held in the electorate from which the
member was elected to fill the vacant office.
(6) A supplementary
election in the electorate from which the member was elected—
(a) must
be held as soon as possible after the vacancy occurs; and
(b) must
be conducted in accordance with Schedule 3 (with such modifications as the
Electoral Commissioner thinks fit) as if the election were an election under
section 9.
(7) If—
(a) no
person nominates for a supplementary election; or
(b) a
casual vacancy occurs during the period of 6 months preceding the date on or
before which an election must be held under section 9,
then the Executive Board may appoint a suitable A n angu from the electorate
from which the member was elected to fill the vacant office.
(8) Subject to the
provisions of the constitution relating to casual vacancies, a person elected
or appointed to fill a casual vacancy will hold office for the balance of the
term of the person's predecessor.
9E—Remuneration
(1) A member of the
Executive Board is entitled to remuneration, allowances and expenses
determined by the Executive Board and approved by the Minister.
(2) The Minister must
determine to approve, or not approve, the proposed remuneration, allowances
and expenses within 28 days after receiving the proposal, and may, in
determining whether to approve the proposal, take into consideration any
matter the Minister thinks fit.
9F—Delegations
(1) The Executive
Board may delegate to the General Manager (and no other person) a power or
function conferred under this or any other Act.
(2) However, the
following functions and powers must not be delegated:
(a) this
power of delegation;
(b) the
power to grant a lease or licence under this Act;
(c) the
power to grant a permit under this Act;
(d) a
function requiring that the Executive Board consult with A n angu
Pitjantjatjara Yankunytjatjara or a specified group of A n angu.
(3) A delegation under
this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the Executive Board to act in any matter; and
(d) is
revocable at will by the Executive Board.