Subdiv 6Conditions of membership, remuneration, procedures and other matters

Subdivision 6—Conditions of membership, remuneration, procedures and other matters 28—Conditions of membership (1) A member of the Council and any committee or advisory body established by or under this Act will be appointed on conditions determined by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of office, is eligible for reappointment. (2) The Minister may remove a member of the Council or a committee or advisory body established by or under this Act from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for failing to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for misconduct. (3) The office of a member of the Council or a committee or advisory body established by or under this Act becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (2). 29—Remuneration A member of the Council and any committee or advisory body established by or under this Act is entitled to such remuneration, allowances and expenses as the Minister may determine (if any). 30—Procedures The procedures of the Council and any committee or advisory body established by or under this Act will be as prescribed by regulation or, to the extent that they are not prescribed, as determined by— (a) in the case of procedures of the Council or a committee established by the Council—the Council; or (b) in the case of procedures of the CAC, ABC, Scientific Committee or a committee or advisory body established by the Minister—the Minister; or (c) in the case of procedures of a committee or advisory body and to the extent that the procedure is not determined by the Council or the Minister—by the committee or advisory body. 31—Application of Public Sector (Honesty and Accountability) Act The Public Sector (Honesty and Accountability) Act 1995 applies to a member of the Council and any committee established by or under this Act as if the Council or committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. 32—Staff (1) There must be a secretary to the Council and each committee and advisory body established by or under this Act and such other staff to assist the Council and each committee and advisory body as the Minister thinks fit. (2) Each secretary and other members of staff are to be Public Service employees. (3) The Council and each committee and advisory body established by or under this Act may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit. 33—Annual reports (1) The Council, CAC, ABC and Scientific Committee must, on or before 31 October in each year, prepare and present to the Minister a report on the work of the Council, CAC, ABC or Scientific Committee (as the case requires) in carrying out its functions and achieving the objects of this Act during the financial year ending on the preceding 30 June. (2) The Minister must, within 6 sitting days after receiving a report presented under this section, cause copies of the report to be laid before both Houses of Parliament and publish the report on a website determined by the Minister. 34—Delegation (1) Subject to this section, the Council or a committee or advisory body established by or under this Act may, with the approval of the Minister, delegate any of its functions. (2) A delegation— (a) must be made by instrument in writing; and (b) may be made— (i) to a particular person or body; or (ii) to a person for the time being occupying a particular office or position; and (c) may be made subject to conditions or limitations specified in the instrument of delegation; and (d) if the instrument of delegation so provides, may be further delegated by the delegate; and (e) is revocable at will and does not derogate from the power of the delegator to act in any matter. (3) A delegation may only be made to a local council or an officer of a local council under this section with the written approval of the relevant council. (4) A person to whom functions have been delegated under this section who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions must disclose the nature of the interest in writing to the delegator. Maximum penalty: $20 000. (5) A person who is a member of a local council or the governing body of a body corporate to which functions have been delegated under this section must not take part in any deliberations or decisions of the local council or body corporate made in accordance with the delegation in relation to any matter in which that person has a direct or indirect personal or pecuniary interest. (6) It is a defence to a charge of an offence against subsection (4) or (5) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter. 35—Validity of acts of Council, committees, advisory bodies and trusts No act or proceeding of the Council or a committee, advisory body or trust established by or under this Act is invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member.