Section 3A - Border Fence Maintenance Act 1921 - Border Fence Maintenance Board

3ABorder Fence Maintenance Board

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3A Border Fence Maintenance Board

(1) There shall be constituted for the purposes of this Act a Border Fence Maintenance Board.

(2)

(a) The board shall be a body corporate under the name of “The Border Fence Maintenance Board” with perpetual succession and a common seal and shall be capable by that name of suing and being sued and, subject to this Act, of purchasing, holding, granting, demising, disposing of or otherwise dealing with real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(b) All courts and persons having by law or consent of parties authority to hear, receive, and examine evidence shall take judicial notice of the seal of the board affixed to any document and shall, until the contrary is proved, presume that such seal was properly affixed thereto.

(2A) The board cannot employ any staff.

Note—

Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the board to exercise its functions.

(3) The board shall consist of six members.

(4) The Commissioner shall be a member and the chairperson of the board. During such time as the Commissioner is prevented by absence, illness or otherwise from acting in the office of chairperson of the board a person to be nominated by the Commissioner shall act as chairperson of the board and while so acting the person shall be deemed to be a member of the board and shall have the powers, authorities, duties and functions of the chairperson.

(5) The remaining members (hereinafter referred to as appointed members) shall be appointed by the Governor. Of the members so appointed:

(a) 3 are to be appointed on the nomination of Local Land Services,

(b), (c) (Repealed)

(d) one shall be appointed on the nomination of the Pastoralists’ Association of West Darling,

(e) one shall be appointed on the nomination of the New South Wales Farmers’ Association Western Division Council.

(6) No person shall be nominated or appointed as a member of the board unless that person is ordinarily resident in the Western Division and is ordinarily engaged in pastoral pursuits on land within that Division.