Owner Drivers and Forestry Contractors Act 2005
59Membership
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59 Membership
(1) The Forestry Industry Council consists of the following 10 members appointed by the Minister—
(a) a chairperson;
S. 59(1)(b) amended by Nos 46/2017 s. 5(1)(a), 49/2019 s. 186(Sch. 4 item 32.3), 14/2021 s. 89.
(b) 1 part-time member nominated by the Secretary to the Department of Jobs, Precincts and Regions[1];
Note
The part-time member nominated by the Secretary does not have any voting rights on the Council: see clause 7(4) of Schedule 1.
(c) the following 8 part-time members—
(i) 1 person nominated by the Victorian Association of Forest Industries;
S. 59(1)(c)(ii) amended by No. 46/2017 s. 5(1)(b)(i).
(ii) 1 person nominated by the Australian Forest Products Association Limited (ACN 008 621 510);
(iii) 2 persons nominated by the Construction, Forestry, Mining and Energy Union;
S. 59(1)(c)(iv) amended by No. 46/2017 s. 5(1)(c).
(iv) 2 persons nominated by the Australian Forest Contractors Association Limited (ACN 102 865 430);
S. 59(1)(c)(v) amended by No. 24/2024 s. 62(1).
(v) 2 persons nominated by the Secretary within the meaning of the Conservation, Forests and Lands Act 1987.
S. 59(2) amended by No. 46/2017 s. 5(2).
(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 Forestry 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. 59(2A) inserted by No. 46/2017 s. 5(3).
(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 Forestry Industry Council a person nominated by the alternative body in the place of a person nominated by the former body.
S. 59(2B) inserted by No. 46/2017 s. 5(3).
(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—