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APC
KUNUNURRA CROP PEST CONTROL COMMITTEE DIRECTIONS 2001
Given by the Agricultural
Produce Commission.
Citation
| 1. |
These
directions may be cited as the APC Kununurra Crop Pest Control
Committee Directions 2001.
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Commencement
| 2. |
These
directions come into operation on the day on which they are published
in the Government Gazette.
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Interpretation
| 3. |
In
these directions, unless the contrary intention appears -
"crop
pest control" means crop pest control for commercial growers
of horticultural produce and residential landholders within the
Wyndham-East Kimberley Shire;
"member"
means a member of a committee and includes the chairperson;
"the
Committee" means the APC Kununurra Crop Pest Control Committee
established under Section 11 of the Act.
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Constitution of
the Committee
| 4.1 |
Subject
to the Act, there is to be a Committee consisting of 7 members appointed
by the Commission.
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| 4.2 |
If the Commission
is of the opinion that a poll of producers should be held to elect
committee members then a poll shall be conducted. |
| 4.3 |
A committee member
is appointed as the first chairperson by the Commission for a three
year term, thereafter committee members elect one of their number
as chairperson. |
| 4.4 |
A person who
is the chairperson, president, vice-president or treasurer of an organisation
that provides services on behalf of the Committee pursuant to section
12(1)(m) of the Act is not eligible to be elected chairperson of the
Committee. |
| 4.5 |
A person who
is the secretary/executive officer of an organisation that provides
services on behalf of the Committee pursuant to section 12(1)(m) of
the Act is not eligible to be appointed secretary of the Committee
except with the prior written approval of the Commission |
| 4.6 |
A secretary of
the Committee will not hold executive powers and will act under the
direction of the chairperson. |
Term of member
| 5. |
A
member holds office for such term, not exceeding 3 years, as is
fixed by the Commission.
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Removal from office
| 6. |
The
Commission may remove a member from office on the ground that that
member is mentally or physically incapable of performing the duties
of a member, or for incompetence, neglect of duty, misconduct or
a breach of these directions.
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Vacation
of office
| 7. |
The
office of a member becomes vacant if the member -
(a) dies;
(b) is
absent from 4 consecutive meetings of the Committee without the
permission of the Committee;
(c) is an
undischarged bankrupt or a person whose property is subject to an
order or arrangement under the laws relating to bankruptcy; or
(d) is removed
from office by the Commission under direction 6.
(e) tenders
in writing to the Commission their resignation from the office.
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Casual vacancy
| 8. |
(1) Where
an office of a member of the Committee becomes vacant otherwise
than by effluxion of time, the Commission is to appoint a person
to take the place of the person who has vacated the office.
(2) A person
appointed under subdirection (1) holds office for the balance of
the term of the member whose place he or she takes.
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Disclosure
| 9. |
(1) A
member of the Committee who has a direct or an indirect pecuniary
interest in a matter being considered or about to be considered
at a meeting of the Committee must, as soon as possible after the
relevant facts have come to his or her knowledge, disclose his or
her interest at a meeting of the Committee.
(2) A disclosure
under subdirection (1) is to be recorded in the minutes of the meeting
of the Committee and the member must not, unless the meeting otherwise
determines -
(a) be
present during any deliberation of the Committee with respect
to that matter; or
(b) take
part in any decision of the Committee with respect to that matter.
(3) For the
purpose of the making of a determination by the Committee under
subdirection (2), in relation to a member who has made a disclosure
under subdirection (1), a member who has a direct or an indirect
interest in the matter to which the disclosure relates must not
-
(a) be
present during any deliberation by the Committee for the purpose
of making that determination; or
(b) take
part in the making by the Committee of that determination.
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Meetings
| 10. |
(1) The
chairperson is to convene the first meeting of the Committee and
from then on, subject to subdirection (2), meetings may be held
at such times and places as the Committee determines.
(2) A special
meeting of the Committee may at any time be convened by the chairperson
of the Committee provided 7 days notice is given or shorter period
if unanimously agreed by Committee.
(3) The chairperson
of the Committee presides at any meeting of the Committee at which
the chairperson is present and, in the absence of the chairperson,
the members present are to elect on of their members to preside.
(4) At
a meeting of the Committee, 4 members constitute a quorum.
(5) At
any meeting of the Committee the member presiding at the meeting
has a deliberative vote, and in the case of an equal number of votes
being cast for and against any question, has a casting vote.
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Resolution without
meeting
| 11. |
A
resolution in writing signed or assented to by letter, or electronic
means of communication, by each member of the Committee is as valid
and effectual as if it had been passed at a meeting of the Committee.
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Procedures of the
Committee
| 12. |
Except
to the extent that they are prescribed or as set out in these directions,
the Committee may determine its own procedures.
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Code of Conduct
| 13. |
A
member of the Committee shall observe the provision of any code
of conduct prepared by the Commission and provided to the Committee.
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Remuneration and
expenses of Committee members
| 14. |
1)
The remuneration and traveling and other expenses is payable to
Committee members in respect of their attendance at meetings and
carrying out their duties at a rate agreed to by the Commission
2) Application for remuneration to be made within two months of
incurring the expense.
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Given
by the Agricultural Produce Commission
H.
Morgan AM
CHAIRMAN
Issued:
25 May 2001,
Amended: 21 March 2002, 19 November 2002 & 5 December 2005
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