Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008
52Paragraph 23(5)(a)
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Turn the raw legal text into a practical explanation grounded in Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008.
52 Paragraph 23(5)(a)
Omit “5 directors constitute”, substitute “a majority of the commissioners constitutes”.
53 Paragraph 23(5)(b)
Omit “directors”, substitute “commissioners”.
54 Paragraph 23(5)(c)
Omit “director”, substitute “commissioner”.
55 Subsections 23(6) and (7)
Repeal the subsections, substitute:
(6) If:
(a) section 24 prevents a commissioner from participating in deliberations or decisions with respect to a particular matter at a meeting of the Commission; and
(b) when the commissioner leaves the meeting concerned there is no longer a quorum present;
the remaining commissioners at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
(7) The Commission must keep minutes of its proceedings.
(8) The Commission may invite a person to attend a meeting for the purpose of advising or informing it on any matter.
56 Section 24
Repeal the section, substitute:
24 Disclosure of interests to Commission
(1) A commissioner who has an interest, whether pecuniary or otherwise, in a matter being considered or about to be considered by the Commission must disclose the nature of the interest to a meeting of the Commission.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the commissioner’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting of the Commission.
(4) Unless the Commission otherwise determines, the commissioner:
(a) must not be present during any deliberation by the Commission on the matter; and
(b) must not take part in any decision of the Commission with respect to the matter.
(5) For the purposes of the Commission making a determination under subsection (4), the commissioner:
(a) must not be present during any deliberation of the Commission for the purpose of making the determination; and
(b) must not take part in making the determination.
(6) A determination made by the Commission under subsection (4) must be recorded in the minutes of the meeting of the Commission.
25 Decisions without meetings
(1) The Commission is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the commissioners entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Commission under subsection (2); and