Part 2Controlled Substances Advisory Council

Part 2—Controlled Substances Advisory Council 6—The Controlled Substances Advisory Council (1) The Controlled Substances Advisory Council is established. (2) The Advisory Council consists of 10 members appointed by the Governor, on the nomination of the Minister, of whom— (a) 1 (the presiding member) is an officer or employee of the Department or of another administrative unit of the Public Service, or body incorporated under the Health Care Act 2008, involved in the administration of this Act; and (b) 1 is a medical practitioner; and (c) 1 is a police officer; and (ca) 1 is a legal practitioner who, in the opinion of the Minister, has experience in the administration and operation of this Act; and (d) 2 are persons who, in the opinion of the Minister, have qualifications and extensive experience in the field of chemistry, pharmacy or pharmacology; and (e) 1 is a person who, in the opinion of the Minister, has had extensive experience in the manufacture or sale of substances or devices to which this Act applies; and (f) 2 are persons who, in the opinion of the Minister, have a wide knowledge of the factors and issues involved in controlling the manufacture, sale and supply of substances or devices to which this Act applies; and (g) 1 is, in the opinion of the Minister, a suitable person to represent the interests of the general public. (3) The Governor may appoint a suitable person to be the deputy of a member of the Advisory Council. (4) If a member is for any reason absent or unable to act as a member of the Advisory Council, his or her deputy may act as a member of the Advisory Council. 7—Terms and conditions of office (1) A member of the Advisory Council will be appointed for a term of office, not exceeding 3 years, specified in the instrument of appointment and will, on the expiration of any such term, be eligible for reappointment. (2) The Governor may remove a member of the Advisory Council from office on the ground of— (a) mental or physical incapacity to carry out satisfactorily the duties of office; or (b) neglect of duty; or (c) dishonourable conduct. (3) The office of a member of the Advisory Council becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by giving notice in writing to the Minister; or (d) is removed from office by the Governor pursuant to subsection (2). (4) On the office of a member of the Advisory Council becoming vacant, a person must be appointed to that office in accordance with this Act. 8—Validity of acts of the Advisory Council An act or proceeding of the Advisory Council is not invalid by reason of a vacancy in the membership of the Advisory Council or of a defect in the appointment of a person to the Advisory Council. 9—Allowances and expenses A member of the Advisory Council is entitled to receive such allowances and expenses as the Governor may from time to time determine 10—Conduct of business (1) The presiding member or, in the presiding member's absence, his or her deputy, will preside at any meeting of the Advisory Council. (2) In the absence of both the presiding member and the presiding member's deputy from a meeting of the Advisory Council, the members present may elect one of their number to preside at that meeting. (3) Six members constitute a quorum of the Advisory Council, and no business may be transacted at any meeting of the Advisory Council unless a quorum is present. (4) A decision carried by the votes of a majority of the members present at a meeting is a decision of the Advisory Council. (5) The person presiding at a meeting of the Advisory Council will, in the event of an equality of votes, have a second, or casting, vote. (6) Subject to this Act, the business of the Advisory Council may be conducted in a manner determined by the Advisory Council. 10A—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Advisory Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the manufacture or sale of substances or devices to which the Controlled Substances Act 1984 applies generally, or a substantial section of those engaged in or associated with the manufacture or sale of such substances or devices. 11—Functions of the Advisory Council (1) The functions of the Advisory Council are as follows: (a) to keep under review substances and devices that are subject to this Act or that may, in the opinion of the Advisory Council, need to be brought under this Act and the controls (if any) that are, or should be, applicable to them; and (b) to advise the Minister on the measures that should, in the opinion of the Advisory Council, be taken in relation to imposing, withdrawing or varying controls in respect of any of those substances or devices; and (c) to monitor the administration and operation of this Act; and (d) such other functions as the Minister may assign to the Advisory Council. (2) The Advisory Council may make recommendations to the Minister for— (a) amendments to this Act; or (b) making, varying or revoking regulations under this Act. (3) The Advisory Council must advise the Minister on any matter referred by the Minister to the Advisory Council for advice. (4) The Advisory Council may establish subcommittees for the purpose of giving advice to the Advisory Council in the performance of its functions. (5) A subcommittee will consist of such members of the Advisory Council, and such other persons co-opted by the Advisory Council, as the Advisory Council thinks fit. (6) The Advisory Council must, not later than 31 October in each year, report to the Minister on the administration and operation of this Act during the previous financial year. (7) The Minister must, as soon as practicable after receipt of a report submitted under subsection (6), cause a copy of the report to be laid before each House of Parliament.