Owner Drivers and Forestry Contractors Act 2005
56Membership
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56 Membership
(1) The Transport Industry Council consists of the following 10 members appointed by the Minister—
(a) a chairperson;
S. 56(1)(b) amended by Nos 49/2019 s. 186(Sch. 4 item 32.1), 25/2025 s. 106(Sch. 1 item 31.1).
(b) 1 part-time member nominated by the Secretary to the Department of Transport and Planning;
Note to s. 56(1)(b) amended by Nos 49/2019 s. 186(Sch. 4 item 32.1), 25/2025 s. 106(Sch. 1 item 31.2).
Note
The part-time member nominated by the Secretary to the Department of Transport and Planning does not have any voting rights on the Council: see clause 7(4) of Schedule 1.
(c) the following 8 part-time members—
S. 56(1)(c)(i) amended by No. 33/2019 s. 25.
(i) 1 person nominated by the Victorian Chamber of Commerce and Industry;
(ii) 1 person nominated by the Australian Industry Group;
(iii) 2 persons nominated by the Victorian Transport Association Inc.;
(iv) 2 persons nominated by the Victorian Trades Hall Council;
(v) 2 persons nominated by the Transport Workers' Union of Australia.
S. 56(2) amended by No. 46/2017 s. 4(1).
(2) If, for the purposes of subsection (1)(b) or (c) or (2A)—
(a) a nomination is not submitted within the time or in the manner directed by the Minister; or
(b) a person nominated is considered by the Minister to be unsuitable or inappropriate for membership of the Transport Industry Council—
the Minister may instead—
(c) appoint a person who in the Minister's opinion is suitably representative of the persons represented by the body referred to in those paragraphs to be a member; or
(d) call for a further nomination from the relevant body.
S. 56(2A) inserted by No. 46/2017 s. 4(2).
(2A) If a nominating body referred to in subsection (1) ceases to exist, the Minister may—
(a) select an alternative body that, in the Minister's opinion, is suitably representative of the former nominating body; and
(b) call for a nomination from that alternative body; and
(c) appoint to the Transport Industry Council a person nominated by the alternative body in the place of a person nominated by the former body.
S. 56(2B) inserted by No. 46/2017 s. 4(2).
(2B) If the Minister appoints a person nominated by an alternative body under subsection (2A), the Minister, as soon as practicable after that appointment, must publish in the Government Gazette a notice setting out—