(1) The Commission consists of the following part-time members:
(a) a Chairperson;
(b) the Managing Director;
(c) a representative of the Commonwealth;
(d) the managing director, or any other member (other than the Chairperson), of the Corporation;
(e) 5 other members who must be persons having qualifications relevant to, or experience in, one or more of the following fields:
(i) wool growing;
(ii) marketing and export of commodities;
(iii) international commodity trading;
(iv) finance;
(v) business management;
(vi) storage, distribution and property management.
(2) The Chairperson and the member referred to in paragraph (1) (c) are appointed in writing, by the Minister.
(3) The members referred to in paragraph (1) (e) are appointed, in writing, by the Minister from persons nominated by a Selection Committee under Division 2.
(4) In spite of subsection (3), the 5 members referred to in paragraph (1) (e) who are first appointed under this Act will not be persons
nominated by a Selection Committee but, in appointing them, the Minister may consult with such persons as the Minister thinks fit.
(5) In appointing a person to be a member, the Minister must ensure:
(a) that the members collectively possess qualifications and experience in all the fields referred to in paragraph (1) (e); and
(b) that 2 members are persons with experience in wool growing.
(6) A member of Parliament or a member of any organisation (being an organisation representing a sector of the wool industry) that is prescribed may not be appointed as a member of the Commission.
(7) Subject to this Act, the Chairperson or a member referred to in paragraph (1) (e) holds office for the period (being a period not exceeding 3 years) specified in the instrument of appointment, but is eligible for re-appointment.
(8) An appointed member may not hold office, or continue to hold office, if he or she has been a member for consecutive periods that together equal 9 years.
(9) The member referred to in paragraph (1) (c) holds office, subject to this Act, during the Minister’s pleasure.
(10) Appointed members hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined, in writing, by the Minister.
(11) The exercise of a power or the performance of a function of the Commission is not aflfected by a vacancy or vacancies in the membership of the Commission.
Deputy of Chairperson
40. (1) The Minister may, in writing, appoint a member referred to in paragraph 39 (1) (e) to be the deputy of the Chairperson.
(2) Subject to subsection (3), a person holds office as a deputy of the Chairperson until the Minister ends the appointment or the person ceases to be a member, whichever first happens.
(3) A member may resign the office of deputy of the Chairperson by writing signed by the member and delivered to the Minister, but the resignation is not effective until it is accepted by the Minister.
(4) The deputy of the Chairperson has and may exercise the powers, and must perform the functions, of the Chairperson:
(a) during any vacancy in the office of the Chairperson; and
(b) during any period when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Chairperson.
(5) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that:
(a) the occasion for the person’s appointment had not arisen; or
(b) there is a defect or irregularity in connection with the person’s appointment; or
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
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 of the Commission must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Commission.
(2) The disclosure must be recorded in the minutes of the meeting of the Commission.
(3) A member who is a woolgrower or a manufacturer of wool products is not taken to have a pecuniary interest in a matter being considered or about to be considered by the Commission by reason only that the person is a woolgrower or a manufacturer of wool products, as the case may be.
Leave of absence of appointed members
(1) The Minister may grant leave of absence to the Chairperson on such terms and conditions as the Minister determines.
(2) The Chairperson may grant leave of absence to any other appointed member on such terms and conditions as the Chairperson determines.
Resignation
An appointed member may resign office by writing signed by the member and delivered to the Minister, but the resignation is not effective until it is accepted by the Minister.
Ending of appointments for misbehaviour etc.
(1) The Minister may end the appointment of an appointed member for misbehaviour or for physical or mental incapacity.
(2) If an appointed member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b) is absent, except on leave of absence granted under section 42, from 3 consecutive meetings of the Commission; or
(c) fails, without reasonable excuse, to comply with an obligation imposed by section 41;
the Minister must end the member’s appointment.
Meetings of Commission
(1) Subject to this section, meetings of the Commission shall be held at such times and at such places within Australia as the Commission determines.
(2) The Chairperson may, and at the request of 3 or more members must, convene a special meeting of the Commission.
(3) At a meeting of the Commission 5 members constitute a quorum.
(4) The Chairperson presides at all meetings of the Commission at which he or she is present.
(5) If the Chairperson is absent from a meeting of the Commission, the deputy of the Chairperson, if present, presides at the meeting.
(6) If neither the Chairperson nor the deputy of the Chairperson is present at a meeting of the Corporation, the members present must appoint one of their number to preside at the meeting.
(7) A question arising at a meeting of the Commission is determined by a majority of the votes of the members present and voting.
(8) The member presiding at a meeting of the Commission has a deliberative vote and, if there is an equality of votes, also has a casting vote.
(9) The Commission must keep a record of its proceedings.
Conduct of meetings
(1) Subject to this Division, the Commission may regulate its proceedings as it considers appropriate.
(2) Without limiting subsection (1), the Chairperson may permit members to participate in a particular meeting, or all meetings:
(a) by telephone; or
(b) by closed-circuit television; or
(c) by any other means of communication.
(3) A member who participates in a meeting of the Commission in accordance with subsection (2) is taken to be present at the meeting.
Division 2—Nomination and selection process for membership of Commission
Minister to request nomination for membership of Commission
The Minister must:
(a) for the purpose of appointing the members referred to in paragraph 39 (1) (e); and
(b) for the purpose of filling a vacancy caused by the resignation of, or the ending of the appointment of, any of those members;
by notice in writing given to the Presiding Member, request the Presiding Member to establish a Selection Committee so that the Committee can give to the Minister, within the period specified in the notice, the name of a person, or the names of persons, as the case requires, considered by the Committee to be suitable for appointment.
Selection Committee
(1) Where the Presiding Member receives a request under section 47 for the nomination of a person or persons for appointment to the Commission the Presiding Member must:
(a) establish an Australian Wool Industry Selection Committee for the purpose of nominating a person or persons for appointment to the Commission; and
(b) give to the Wool Council a notice in writing requesting the Council to nominate to the Minister persons for appointment to the Selection Committee.
(2) If the Minister is not satisfied that a person nominated by the Wool Council for appointment to the Selection Committee is suitable for that appointment, the Minister may reject the nomination and ask the Wool Council to make a further nomination.
(3) The Selection Committee consists of:
(a) the Presiding Member; and
(b) 3 members appointed by the Minister after consultation with the Wool Council; and
(c) 3 other members appointed by the Minister.
(4) The function of the Selection Committee is to nominate to the Minister, in accordance with the request under section 47, a person or persons for appointment to the Commission.
(5) The Selection Committee has power to do all things that are necessary or convenient to be done in connection with the performance of its function.
Selection of persons for nomination
(1) A Selection Committee established under section 48 may, by advertising in a newspaper circulating throughout Australia, invite applications for nomination for appointment.
(2) Subsection (1) does not limit the powers of the Selection Committee under subsection 48 (5).
(3) The Selection Committee must choose from the candidates available for nomination the person or persons whom, subject to this section it considers most suitable for appointment to the Commission.
(4) In choosing a person or persons for nomination, the Selection Committee must have regard to the requirements of subsection 39 (5).
(5) A person who is a member of Parliament or a member of an organisation prescribed for the purposes of subsection 39 (6) may be nominated by the Selection Committee if the person has indicated to the Selection Committee that, prior to appointment to the Commission, the person will have ceased to be a member of Parliament or a member of that organisation, as the case may be.
(6) A person who is, or who has at any time been, a member of the Selection Committee is not entitled to be nominated by the Selection Committee.
(7) A person is entitled to be nominated by the Selection Committee even if:
(a) a proposal for his or her nomination has been rejected at a previous meeting of the Committee; or
(b) a nomination for his or her appointment to the Commission has previously been rejected by the Minister.
Nominations for Corporation
(1) The Selection Committee must, within the period specified in the request under section 47, give to the Minister a notice in writing nominating a person or persons for appointment to the Commission.
(2) Subject to subsection 51 (2), the Selection Committee must make only one nomination in respect of each appointment to be made by the Minister.
(3) The notice under subsection (1) must include:
(a) a statement containing, in respect of the person, or of each of the persons, nominated:
(i) details of the person’s qualifications and experience; and
(ii) such other information relating to the person as is, in the opinion of the Committee, likely to help the Minister to decide whether to appoint the person; and
(b) a statement specifying how, in the opinion of the Committee, the nomination or nominations will best ensure that the members collectively possess qualifications and experience in the fields referred to in paragraph 39 (1) (e).
Minister may ask for additional information or reject nomination
(1) If the Minister considers the information contained in a statement referred to in paragraph 50 (3) (a) or (b) to be inadequate, the Minister may, by notice in writing, require the Committee to provide to the Minister, by the day specified in the notice, such further information relevant to that statement as the Minister specifies.
(2) If the Minister is not satisfied as to the suitability of a person nominated for appointment, the Minister may, by notice in writing given to the Selection Committee, reject the nomination and may, in that notice, request the Committee to make a further nomination within the period specified in the notice.
(3) Where the Selection Committee receives a request under subsection (2), section 50 again applies but, in its application because of this subsection, has effect as if the reference in subsection 50 (1) to the request under section 47 were a reference to the first-mentioned request.
Meetings of Selection Committee
(1) The Presiding Member may convene such meetings of the Selection Committee as the Presiding Member considers necessary for the efficient performance of its function.
(2) Meetings of the Selection Committee are to be held at such places and at such times as the Presiding Member determines.
(3) At a meeting of the Selection Committee, the Presiding Member and 3 other members of the Selection Committee constitute a quorum.
(4) The Presiding Member presides at all meetings of the Selection Committee.
(5) A question arising at a meeting of the Selection Committee must be decided by a majority of the votes of the members of the Selection Committee present and voting.
(6) At a meeting of the Selection Committee the Presiding Member has a deliberative vote and, if there is an equality of votes, also has a casting vote.
(7) The Selection Committee must keep a record of its proceedings.
Abolition of Selection Committee
Where:
(a) the Minister has appointed to the Commission a person nominated by the Selection Committee; and
(b) the Committee has not made any nominations for appointment that have yet to be accepted or rejected by the Minister; and
(c) there are no outstanding matters in a request by the Minister under section 47 or 51 that are still to be dealt with by the Committee;
the Committee is abolished by force of this section.
Staff and consultants
The Presiding Member may, on behalf of a Selection Committee:
(a) engage persons (who are not employees of the Commission) to
perform administrative and clerical services in connection with the performance of the Committee’s functions; and (b) engage as consultants to the Committee persons having suitable qualifications and experience to assist the Committee in identifying persons suitable for nomination for appointment to the Commission;
on such terms and conditions of engagement as are determined by the Committee.
Applied provisions
Subject to this Division, subsections 39 (10) and (11) and sections 41, 42, 43, 44 and 46 apply in relation to a Selection Committee, the Presiding Member and the appointed members of the Selection Committee as if:
(a) references in those provisions to the Commission were references to the Selection Committee; and
(b) references in those provisions to the Chairperson were references to the Presiding Member; and
(c) references in those provisions to members or to appointed members were references to the members or appointed members of the Selection Committee.
Part Part 5 - Australian Wool Realisation Commission Act 1991 - CONSTITUTION AND MEETINGS OF COMMISSION | Zoe