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Product Stewardship (Oil) Bill 2000

Part 3 The Oil Stewardship Advisory Council

Division 1 Establishment and functions of the Oil Stewardship Advisory Council

11   Establishment

                   The Oil Stewardship Advisory Council is established by this section.

12   Functions

                   The functions of the Advisory Council are:

                     (a)  to advise the Minister on the product stewardship arrangements for oils; and

                     (b)  to advise the Minister in relation to the recovery and recycling of waste oil; and

                     (c)  to advise the Minister in relation to regulations under section 10 (working out the amount of product stewardship benefits); and

                     (d)  to advise the Minister on the state of the oil production and oil recycling industries; and

                     (e)  to give the Minister advice on such other matters as are specified by the Minister; and

                      (f)  to perform such other functions as are conferred on the Advisory Council by this Act or any other Act.



 

Division 2 Membership of the Advisory Council

13   Constitution

             (1)  The Advisory Council consists of such number of members, not being fewer than 10, as the Minister from time to time determines.

             (2)  Subject to section 24, the performance of a function of the Advisory Council is not affected by a vacancy or vacancies in the Advisory Council’s membership.

             (3)  The performance of a function of the Advisory Council is not affected by the fact that the Advisory Council’s membership does not include any members who are appointed to represent a particular body, group of bodies or community referred to in subsection 14(2).

14   Appointment of members

             (1)  Members are to be appointed by the Minister by written instrument.

             (2)  The Minister must ensure that the membership includes the members representing the following:

                     (a)  the Commissioner;

                     (b)  the Commonwealth;

                     (c)  a national organisation representing oil producers;

                     (d)  a national organisation representing oil recyclers;

                     (e)  the users of recycled oils;

                      (f)  the body known as the Australian and New Zealand Environment and Conservation Council;

                     (g)  local government;

                     (h)  a national consumer organisation;

                      (i)  a national non-governmental organisation that has a substantial interest in sustainable industry.

             (3)  The Minister must ensure that a majority of the members are not persons employed by the Commonwealth or Commonwealth agencies.

15   Chair

             (1)  Subject to subsection (2), the Minister must appoint as the Chair of the Advisory Council one of the members who possesses commercial or business experience that the Minister thinks relevant to the performance of the Advisory Council’s functions.

             (2)  The Minister must not appoint as the Chair a member who is employed by the Commonwealth or a Commonwealth agency.

             (3)  Subject to subsection (4), the member appointed as the Chair holds the office of Chair until the end of his or her term of office as a member that is current at the time of his or her appointment.

             (4)  The member so appointed ceases to be the Chair if he or she:

                     (a)  ceases to be a member; or

                     (b)  resigns the office of Chair by written notice delivered to the Minister.

             (5)  A person is eligible to be re-appointed as the Chair.

16   Terms of office

                   A member:

                     (a)  is to be appointed on a part-time basis; and

                     (b)  holds office for such period (not exceeding 3 years) as is specified in the instrument of appointment.

17   Terms and conditions of appointment

                   A member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Minister in writing.

18   Remuneration and allowances

             (1)  Members are to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, are to be paid such remuneration as is prescribed.

             (2)  A member is to be paid such allowances as are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

19   Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on such terms and conditions as to remuneration or otherwise as the Minister considers appropriate.

             (2)  The Chair may grant leave of absence to another member on such terms and conditions as to remuneration or otherwise as the Chair considers appropriate.

20   Resignation

                   A member may resign by written notice delivered to the Minister.

21   Termination of appointment

             (1)  The Minister may terminate a member’s appointment for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate a member’s appointment if the member:

                     (a)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

                     (b)  fails, without reasonable excuse, to comply with an obligation imposed by subsection 27(3) or section 29; or

                     (c)  is absent, except on leave of absence granted under section 19, from 3 consecutive meetings of the Advisory Council; or

                     (d)  if the member was appointed to represent one or more of the bodies, groups of bodies or communities referred to in subsection 14(2)—ceases, because of a change in employment, residence or other circumstances, to be, in the Minister’s opinion, an appropriate representative of such a body, groups of bodies or community that he or she was appointed to represent.



 

Division 3 Meetings of the Advisory Council

22   Convening meetings

             (1)  Subject to subsection (2), the Advisory Council must hold such meetings as are necessary for the efficient performance of its functions.

             (2)  The Advisory Council must hold at least one meeting every 12 months.

             (3)  The Chair:

                     (a)  may convene a meeting at any time; and

                     (b)  must convene a meeting on receipt of a written request from at least 5 other members.

             (4)  The Minister may convene a meeting at any time.

23   Presiding at meetings

             (1)  The Chair is to preside at all meetings at which he or she is present.

             (2)  If the Chair is not present, the members present must elect one of their number to preside.

24   Quorum

                   At a meeting, a majority of members, or 6 members, whichever is the greater, form a quorum.

25   Voting at meetings

             (1)  Questions arising at a meeting are to be decided by a majority of votes of the members present and voting.

             (2)  The member presiding has a deliberative vote, and, if necessary, also has a casting vote.

26   Conduct of meetings

                   The Advisory Council may, subject to this Division, determine the procedure at meetings.

27   Resolutions without meetings

             (1)  If a majority of the members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting held:

                     (a)  on the day the document was signed; or

                     (b)  if the members sign the document on different days—on the last of those days.

             (2)  For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to be one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.

             (3)  If the resolution is about a matter in which a member would, for the purposes of section 29, be taken to have an interest, the member:

                     (a)  must not sign a document containing a statement in favour of the resolution; and

                     (b)  must disclose the nature of the interest to the Chair.

             (4)  Any member to whom subsection (3) applies in connection with the resolution is taken not to be a member for the purposes of calculating the number of members that would constitute a majority under subsection (1) in connection with the resolution.

28   Records relating to meetings

                   The Advisory Council must keep minutes of its meetings and records of resolutions passed in accordance with section 27.

29   Disclosure of interests

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

             (2)  The disclosure is to be recorded in the minutes of the meeting and, if the Advisory Council so determines, the member must not:

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

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

             (3)  For the purposes of the Advisory Council making such a determination, any member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not:

                     (a)  be present during any deliberation of the Advisory Council for the purposes of making the determination; or

                     (b)  take part in the making of the determination.

             (4)  The Minister may direct the Advisory Council not to make, or to rescind, a determination under subsection (2).

30   Persons may be invited to attend meetings

                   The Advisory Council may invite a person to attend a meeting:

                     (a)  as an observer; or

                     (b)  to advise or inform the Advisory Council on any matter.



 

Division 4 Miscellaneous

31   Protection from civil actions

                   A member is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in the performance or purported performance of any function, or in the exercise or purported exercise of any power, of the Advisory Council.

32   Assistance for the Council

             (1)  Administrative assistance required for the purposes of the Advisory Council is to be provided by staff members of the Department.

             (2)  The Department is to provide such money as is necessary for the performance of the functions of the Advisory Council.