APC STRAWBERRY PRODUCERS’ COMMITTEE DIRECTIONS 1996

Given under Section 11.3 of the Agricultural Produce Commission Act 1988.

CITATION

1. These directions may be cited as the APC Strawberry Producers' Committee Directions 1996.

COMMENCEMENT

2. These directions come into operation on the day on which they are published in the Government Gazette.

INTERPRETATION

3. In these directions, unless the contrary intention appears -

a) "strawberry producer" means a person who produces strawberry for sale grown in the State of Western Australia.

b) "member" means a member of the committee and includes the chairperson;

c) "the Committee" means the APC Strawberry Producers' Committee established under section 11 of the Act.

CONSTITUTION OF THE COMMITTEE

4.1 Subject to the Act, there is to be a Committee consisting of 5 members appointed by the Commission.

4.2 If the Commission is of the opinion that a poll of strawberry 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 nominate one of their number to the Commission for the Commissions endorsement and appointment 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.

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.

VACATION OF OFFICE

1. 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

1. is removed from office by the Commission under direction 6.
2. tenders in writing to the Commission their resignation from the office.

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.

8.2 A person appointed under subdirection (8.1) holds office for the balance of the term of the member whose place he or she takes.

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.

9.2 A disclosure under subdirection 9.1 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.

9.3 For the purpose of the making of a determination by the Committee under subdirection 9.2, in relation to a member who has made a disclosure under subdirection 9.1, 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.

MEETINGS

10.1 Subject to subdirection 10.2, meetings may be held at such times and places as the Committee determines.

10.2 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 members.

10.3 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 one of their members to preside.

10.4 At a meeting of the Committee, 3 members constitute a quorum.

10.5 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.

10.6 The Committee shall conduct its proceedings, and cause to be kept minutes of all its proceedings. Minutes of meetings are to be confirmed by the Committee as soon as possible and signed by the Chairperson as being true and accurate account of the meeting.

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.

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.

CODE OF CONDUCT

1. A member of the Committee shall observe the provision of any code of conduct prepared by the Commission and provided to the Committee.