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Cancer Australia Bill 2006

Part 4 The Advisory Council

Division 1 Role of Advisory Council

24   Establishment

                   The Cancer Australia Advisory Council is established by this section.

25   Membership

                   The Advisory Council consists of:

                     (a)  a Chair; and

                     (b)  up to 12 other members.

26   Function of Advisory Council

                   The Advisory Council’s function is to give advice to the Chief Executive Officer about the performance of Cancer Australia’s functions.



 

Division 2 Appointment etc. of members of Advisory Council

27   Appointment of members

             (1)  Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument.

             (2)  An Advisory Council member is to be appointed on a part-time basis.

28   Term of appointment

                   An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

29   Acting appointments

             (1)  The Minister may appoint an Advisory Council member to act as the Chair:

                     (a)  during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (2)  The Minister may appoint a person to act as an Advisory Council member:

                     (a)  during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (3)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

30   Members’ remuneration

             (1)  An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.

             (2)  However, an Advisory Council member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full-time basis in the service or employment of:

                     (a)  a State; or

                     (b)  a corporation (a public statutory corporation ) established for a public purpose by a State law, other than a tertiary education institution; or

                     (c)  a company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or

                     (d)  a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.

Note:          A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973 .

             (3)  An Advisory Council member is to be paid the allowances that are prescribed.

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

31   Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

             (2)  The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.

32   Disclosure of interests

             (1)  Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business.

             (2)  An Advisory Council member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Council must disclose the nature of the interest to the Chief Executive Officer or the Chair of the Advisory Council.

33   Other terms and conditions

                   The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

34   Resignation

                   An Advisory Council member may resign his or her appointment by giving the Minister a written resignation.

35   Termination of appointment

             (1)  The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of an Advisory Council member if:

                     (a)  the Advisory Council member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or

                     (c)  the Advisory Council member fails, without reasonable excuse, to comply with section 32 (disclosure of interests).

36   Advisory Council procedures

             (1)  The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council.

             (2)  If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines.

             (3)  A determination made under subsection (1) is not a legislative instrument.