Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Thursday, 21 August 1980
Page: 631


Mr ELLICOTT (Wentworth) (Minister for Home Affairs) - by leave- I move:

(   1 ) Clause 6, page 2, lines 30 to 39, and page 3, lines1 and 2, omit proposed paragraph (e), substitute the following paragraph: " '(e) subject to sub-sections (1) and (3a), such number of other persons who practise or have practised the arts or are otherwise associated with the arts as the Governor-General thinks fit.';".

(2) Clause 6, page 3, after proposed sub-section (3), insert the following sub-section: "(3a) In appointing members of the Council referred to in paragraph (2) (e), the Governor-General shall endeavour to ensure that -

(a) a majority of the members holding office pursuant to that paragraph are persons who practise or have practised the arts; and

(b) the membership of the Council includes a reasonable balance of persons who practise or have practised the various arts.".

(3) Clause 9, page 4, line1, insert "without reasonable excuse" after "fails".

(4) After clause 9, page 3, insert the following new clause: "9a. Section 19 of the Principal Act is repealed and the following section substituted:

Disclosure of interest 19. (1) A member of the Council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Council.

(2) A disclosure under sub-section (1 ) shall be recorded in the minutes of the meeting of the Council and the member shall not -

(a) be present during any deliberation of the Council with respect to that matter; or

(b) take part in any decision of the Council with respect to that matter.'.".

(5) After clause 10, page 4, insert the following new clause:

Termination of office " 1 0a. Section 1 9f of the Principal Act is amended by inserting in paragraph (e) of sub-section (2) 'without reasonable excuse' after 'fails'. ".

(6) After clause 14, page 4, insert the following new clause:

Termination of office "14a. Section 27 of the Principal Act is amended by adding at the end thereof the following sub-section:

(2) If a member of a Board fails without reasonable excuse to comply with his obligations under section 19 or 31, the Minister shall terminate the appointment of the member.'.".

(7) After clause15, page5, insert the following new clause: "15a. Section 31 of the Principal Act is repealed and the following section substituted:

Disclosure of interest

31. ( 1 ) A member of a Board who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.

(2) A disclosure under sub-section ( 1 ) shall be recorded in the minutes of the meeting of the Board and the member shall not-

(a) be present during any deliberation of the Board with respect to that matter; or

(b) take part in any decision of the Board with respect to that matter.'.".

(8) Clause 22, page 6, lines 7 to 13, omit sub-clause (1), substitute the following sub-clause: "(1) Notwithstanding the amendment made by paragraph 6 (c), a person who-

(a) immediately before the commencement of this section held office as a member of the Australia Council by reason of his being the Chairman of a Board; and

(b) was appointed to be the Chairman of that Board before 1 July 1980, continues to hold office as a member of that Council until the expiration of his period of appointment as the Chairman of that Board unless he earlier ceases to be the Chairman of that Board in accordance with the Australia Council Act 1975, as in force from time to time.".

Apart from one amendment which relates to disclosure of interest already in the course of my speech to the Parliament I have dealt with amendments which relate to the membership of the Council. I do not think I need to say any more at this stage.







Suggest corrections