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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Asbestos Safety and Eradication Agency
Bill 2013
No. , 2013
(Education, Employment and Workplace Relations)
A Bill for an Act to establish the Asbestos Safety
and Eradication Agency, and for related purposes
i Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
4
Crown to be bound ............................................................................. 3
5
Extension to external Territories ........................................................ 3
Part 2--Asbestos Safety and Eradication Agency
4
6
Establishment ..................................................................................... 4
7
Constitution of the Agency ................................................................ 4
8
Functions of the Agency .................................................................... 4
9
Agency to have the privileges and immunities of the Crown ............ 6
Part 3--Chief Executive Officer
7
Division 1--Functions of the CEO etc.
7
10
Chief Executive Officer ..................................................................... 7
11
Functions of the CEO ........................................................................ 7
12
Working with the Asbestos Safety and Eradication Council ............. 7
13
Keeping the Minister informed etc. ................................................... 7
14
Minister may give directions to the CEO ........................................... 8
Division 2--Appointment of the CEO
9
15
Appointment ...................................................................................... 9
16
Acting appointment............................................................................ 9
Division 3--Terms and conditions of appointment
10
17
Remuneration and allowances ......................................................... 10
18
Leave of absence .............................................................................. 10
19
Outside work .................................................................................... 10
20
Disclosure of interests ...................................................................... 10
21
Other terms and conditions .............................................................. 11
22
Resignation ...................................................................................... 11
23
Termination of appointment ............................................................ 11
Division 4--Committees
12
24
Committees ...................................................................................... 12
Part 4--Staff etc.
13
25
Staff ................................................................................................. 13
26
Consultants ...................................................................................... 13
27
Persons assisting the Agency ........................................................... 13
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 ii
Part 5--Asbestos Safety and Eradication Council
14
Division 1--Functions of the Asbestos Safety and Eradication
Council etc.
14
28
Establishment ................................................................................... 14
29
Functions of the Asbestos Safety and Eradication Council ............. 14
30
Minister may give directions to the Asbestos Safety and
Eradication Council ......................................................................... 14
Division 2--Membership of the Asbestos Safety and Eradication
Council
16
31
Membership ..................................................................................... 16
32
Appointment of Council members ................................................... 16
33
Term of appointment ....................................................................... 17
34
Acting appointment.......................................................................... 17
Division 3--Terms and conditions of appointment
19
35
Remuneration and allowances ......................................................... 19
36
Leave of absence .............................................................................. 19
37
Disclosure of interests to the Asbestos Safety and
Eradication Council ......................................................................... 20
38
Other terms and conditions .............................................................. 20
39
Resignation ...................................................................................... 20
40
Termination of appointment ............................................................ 20
Division 4--Meetings of the Asbestos Safety and Eradication
Council
22
41
Meetings of the Asbestos Safety and Eradication Council .............. 22
Part 6--Planning and reporting
23
Division 1--Annual operational plan
23
42
Annual operational plan ................................................................... 23
43
Approval of annual operational plan ................................................ 23
44
Variation of annual operational plan ................................................ 24
Division 2--Annual report
25
45
Annual report ................................................................................... 25
Part 7--Miscellaneous
26
46
Delegation ........................................................................................ 26
47
Review of the Agency's role and functions ..................................... 26
48
Rules ................................................................................................ 26
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 1
A Bill for an Act to establish the Asbestos Safety
1
and Eradication Agency, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Asbestos Safety and Eradication
7
Agency Act 2013.
8
Part 1 Preliminary
Section 2
2 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
48
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
In this Act:
14
Agency means the Asbestos Safety and Eradication Agency
15
established by section 6.
16
asbestos safety includes, but is not limited to, matters relating to
17
asbestos awareness and the identification, management, removal,
18
transportation, storage or disposal of asbestos in Australia or
19
internationally.
20
Preliminary Part 1
Section 4
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 3
Asbestos Safety and Eradication Council means the Council
1
established by section 28.
2
CEO means the Chief Executive Officer of the Agency.
3
Chair means the Chair of the Asbestos Safety and Eradication
4
Council.
5
Council member means a member of the Asbestos Safety and
6
Eradication Council (and includes the Chair).
7
National Strategic Plan means the plan known as the National
8
Strategic Plan for Asbestos Management and Awareness.
9
paid work means work for financial gain or reward (whether as an
10
employee, a self-employed person or otherwise).
11
rules means the rules made by the Minister under section 48.
12
4 Crown to be bound
13
This Act binds the Crown in each of its capacities.
14
5 Extension to external Territories
15
This Act extends to every external Territory.
16
Part 2 Asbestos Safety and Eradication Agency
Section 6
4 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Part 2--Asbestos Safety and Eradication Agency
1
2
6 Establishment
3
The Asbestos Safety and Eradication Agency is established by this
4
section.
5
7 Constitution of the Agency
6
The Agency consists of:
7
(a) the CEO; and
8
(b) the staff of the Agency.
9
Note:
The Agency does not have a legal identity separate from the
10
Commonwealth.
11
8 Functions of the Agency
12
(1) The Agency has the following functions:
13
(a) to encourage, coordinate, monitor and report on the
14
implementation of the National Strategic Plan;
15
(b) to review and amend the National Strategic Plan as required
16
by the National Strategic Plan or at the request of the
17
Minister;
18
(c) to publish and promote the National Strategic Plan;
19
(d) to provide advice to the Minister about asbestos safety, if
20
requested to do so by the Minister;
21
(e) to liaise with Commonwealth, State, Territory, local and
22
other governments, agencies or bodies about:
23
(i) the implementation, review or amendment of the
24
National Strategic Plan; or
25
(ii) asbestos safety;
26
(f) to commission, monitor and promote research about asbestos
27
safety;
28
(g) such other functions as are conferred on the Agency by or
29
under this Act, the rules or any other law of the
30
Commonwealth;
31
Asbestos Safety and Eradication Agency Part 2
Section 8
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 5
(h) to do anything incidental or conducive to the performance of
1
any of the above functions.
2
(2) The Agency has the power to do all things that are necessary or
3
convenient to be done for or in connection with the performance of
4
its functions.
5
(3) In performing it functions, the Agency must act in accordance with
6
the National Strategic Plan and any annual operational plan.
7
Constitutional limits
8
(4) The Agency may perform its functions only:
9
(a) for purposes relating to the collection of statistics; or
10
(b) for purposes relating to a corporation to which
11
paragraph 51(xx) of the Constitution applies; or
12
(c) for purposes relating to trade and commerce:
13
(i) between Australia and places outside Australia; or
14
(ii) among the States; or
15
(iii) within a Territory, between a State and a Territory or
16
between 2 Territories; or
17
(d) for purposes relating to a postal, telegraphic, telephonic or
18
other like service within the meaning of paragraph 51(v) of
19
the Constitution; or
20
(e) for purposes relating to a service to:
21
(i) the Commonwealth; or
22
(ii) an authority of the Commonwealth;
23
for a purpose of the Commonwealth; or
24
(f) in, or for purposes relating to, a Territory; or
25
(g) in or with respect to a Commonwealth place (within the
26
meaning of the Commonwealth Places (Application of Laws)
27
Act 1970); or
28
(h) for purposes relating to external affairs, including:
29
(i) giving effect to an international agreement to which
30
Australia is a party; or
31
(ii) addressing matters of international concern; or
32
(i) for purposes relating to the defence of Australia; or
33
Part 2 Asbestos Safety and Eradication Agency
Section 9
6 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
(j) for purposes relating to the implied power of the Parliament
1
to make laws with respect to nationhood; or
2
(k) for purposes relating to the executive power of the
3
Commonwealth; or
4
(l) for purposes relating to matters incidental to the execution of
5
any of the legislative powers of the Parliament or the
6
executive power of the Commonwealth.
7
9 Agency to have the privileges and immunities of the Crown
8
The Agency has the privileges and immunities of the Crown in
9
right of the Commonwealth.
10
Chief Executive Officer Part 3
Functions of the CEO etc. Division 1
Section 10
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 7
Part 3--Chief Executive Officer
1
Division 1--Functions of the CEO etc.
2
10 Chief Executive Officer
3
There is to be a Chief Executive Officer of the Agency.
4
11 Functions of the CEO
5
(1) The functions of the CEO are:
6
(a) to manage the affairs of the Agency; and
7
(b) to ensure the Agency performs its functions.
8
(2) The CEO has power to do all things necessary or convenient to be
9
done for or in connection with the performance of his or her
10
functions.
11
12 Working with the Asbestos Safety and Eradication Council
12
(1) If the Asbestos Safety and Eradication Council provides advice,
13
makes recommendations or issues guidelines to the CEO under
14
section 29, the CEO must have regard to that advice or those
15
recommendations or guidelines in performing the CEO's functions.
16
(2) The CEO may attend Asbestos Safety and Eradication Council
17
meetings.
18
13 Keeping the Minister informed etc.
19
(1) The CEO must keep the Minister informed of the operations of the
20
Agency that relate to the performance of the Agency's functions.
21
(2) The CEO must give the Minister such reports, documents and
22
information in relation to those operations as the Minister requires.
23
Part 3 Chief Executive Officer
Division 1 Functions of the CEO etc.
Section 14
8 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
14 Minister may give directions to the CEO
1
(1) The Minister may, by legislative instrument, give written directions
2
to the CEO about the performance of the Agency's functions.
3
Note:
Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative
4
Instruments Act 2003 do not apply to the directions (see sections 44
5
and 54 of that Act).
6
(2) The CEO must comply with a direction given under subsection (1).
7
(3) Subsection (2) does not apply to the extent that the direction relates
8
to the CEO's performance of functions or exercise of powers under
9
the Public Service Act 1999 in relation to the Agency.
10
Chief Executive Officer Part 3
Appointment of the CEO Division 2
Section 15
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 9
Division 2--Appointment of the CEO
1
15 Appointment
2
(1) The CEO is to be appointed by the Minister by written instrument,
3
on a full-time basis.
4
(2) The CEO holds office for the period specified in the instrument of
5
appointment. The period must not exceed 5 years.
6
Note:
The CEO may be reappointed: see section 33AA of the Acts
7
Interpretation Act 1901.
8
16 Acting appointment
9
The Minister may, by written instrument, appoint a person to act as
10
CEO:
11
(a) during a vacancy in the office of CEO, whether or not an
12
appointment has previously been made to that office; or
13
(b) during any period, or during all periods, when the CEO:
14
(i) is absent from duty or from Australia; or
15
(ii) is, for any other reason, unable to perform the duties of
16
the office.
17
Note:
See sections 33AB and 33A of the Acts Interpretation Act 1901 for
18
rules that apply to acting appointments.
19
Part 3 Chief Executive Officer
Division 3 Terms and conditions of appointment
Section 17
10 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Division 3--Terms and conditions of appointment
1
17 Remuneration and allowances
2
(1) The CEO is to be paid the remuneration that is determined by the
3
Remuneration Tribunal. If no determination of that remuneration
4
by the Tribunal is in operation, the CEO is to be paid the
5
remuneration that is prescribed by the rules.
6
(2) The CEO is to be paid the allowances that are prescribed by the
7
rules.
8
(3) This section has effect subject to the Remuneration Tribunal Act
9
1973.
10
18 Leave of absence
11
(1) The CEO has the recreation leave entitlements that are determined
12
by the Remuneration Tribunal.
13
(2) The Minister may grant to the CEO leave of absence, other than
14
recreation leave, on the terms and conditions as to remuneration or
15
otherwise that the Minister determines.
16
19 Outside work
17
The CEO must not engage in paid work outside the duties of his or
18
her office without the Minister's approval.
19
20 Disclosure of interests
20
The CEO must give written notice to the Minister of all interests,
21
pecuniary or otherwise, that the CEO has or acquires and that
22
conflict or could conflict with the proper performance of the
23
CEO's functions.
24
Chief Executive Officer Part 3
Terms and conditions of appointment Division 3
Section 21
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 11
21 Other terms and conditions
1
The CEO holds office on the terms and conditions (if any) in
2
relation to matters not covered by this Act that are determined by
3
the Minister.
4
22 Resignation
5
(1) The CEO may resign his or her appointment by giving the Minister
6
a written resignation.
7
(2) The resignation takes effect on the day it is received by the
8
Minister or, if a later day is specified in the resignation, on that
9
later day.
10
23 Termination of appointment
11
The Minister may terminate the appointment of the CEO:
12
(a) for misbehaviour; or
13
(b) if the CEO is unable to perform the duties of his or her office
14
because of physical or mental incapacity; or
15
(c) if the CEO:
16
(i) becomes bankrupt; or
17
(ii) applies to take the benefit of any law for the relief of
18
bankrupt or insolvent debtors; or
19
(iii) compounds with his or her creditors; or
20
(iv) makes an assignment of his or her remuneration for the
21
benefit of his or her creditors; or
22
(d) if the CEO is absent, except on leave of absence, for 14
23
consecutive days or for 28 days in any 12 months; or
24
(e) if the CEO engages, except with the Minister's approval, in
25
paid work outside the duties of his or her office (see
26
section 19); or
27
(f) if the CEO fails, without reasonable excuse, to comply with
28
section 20 (which deals with the disclosure of interests); or
29
(g) if the Minister is satisfied that the CEO's performance has
30
been unsatisfactory.
31
Part 3 Chief Executive Officer
Division 4 Committees
Section 24
12 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Division 4--Committees
1
24 Committees
2
(1) The CEO may, by writing, establish committees to assist:
3
(a) the CEO in the performance of his or her functions; or
4
(b) the Asbestos Safety and Eradication Council in the
5
performance of its functions.
6
(2) A committee is to consist of such persons as the CEO determines.
7
(3) If the CEO establishes a committee under subsection (1), the CEO
8
must, in writing, determine:
9
(a) the committee's terms of reference; and
10
(b) the terms and conditions of appointment of the members of
11
the committee; and
12
(c) the procedures to be followed by the committee.
13
(4) An instrument made under subsection (1) or (3) is not a legislative
14
instrument.
15
Staff etc. Part 4
Section 25
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 13
Part 4--Staff etc.
1
2
25 Staff
3
(1) The staff of the Agency must be persons engaged under the Public
4
Service Act 1999.
5
(2) For the purposes of that Act:
6
(a) the CEO and the staff of the Agency together constitute a
7
Statutory Agency; and
8
(b) the CEO is the Head of that Statutory Agency.
9
26 Consultants
10
(1) The CEO may, on behalf of the Commonwealth, engage
11
consultants to assist in the performance of the Agency's functions.
12
(2) The consultants are to be engaged on the terms and conditions that
13
the CEO determines in writing.
14
27 Persons assisting the Agency
15
The Agency may be assisted:
16
(a) by employees of Agencies (within the meaning of the Public
17
Service Act 1999); or
18
(b) by officers or employees of a State or Territory; or
19
(c) by officers or employees of authorities of the
20
Commonwealth, a State or a Territory;
21
whose services are made available to the Agency in connection
22
with the performance of the Agency's functions.
23
Part 5 Asbestos Safety and Eradication Council
Division 1 Functions of the Asbestos Safety and Eradication Council etc.
Section 28
14 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Part 5--Asbestos Safety and Eradication Council
1
Division 1--Functions of the Asbestos Safety and
2
Eradication Council etc.
3
28 Establishment
4
The Asbestos Safety and Eradication Council is established by this
5
section.
6
29 Functions of the Asbestos Safety and Eradication Council
7
(1) The Asbestos Safety and Eradication Council's functions are:
8
(a) to provide advice, and make recommendations, to the CEO
9
about the performance of the Agency's functions, on its own
10
initiative or at the request of the CEO; and
11
(b) to provide advice to the Minister about asbestos safety, if
12
requested to do so by the Minister.
13
(2) The Asbestos Safety and Eradication Council may issue written
14
guidelines to the CEO about the performance of the Agency's
15
functions.
16
(3) The Asbestos Safety and Eradication Council has power to do all
17
things necessary or convenient to be done for or in connection with
18
the performance of its functions.
19
(4) To avoid doubt, the Asbestos Safety and Eradication Council
20
cannot give any directions to the CEO.
21
(5) Guidelines issued under subsection (2) are not a legislative
22
instrument.
23
30 Minister may give directions to the Asbestos Safety and
24
Eradication Council
25
(1) The Minister may, by legislative instrument, give written directions
26
to the Asbestos Safety and Eradication Council about the
27
performance of the Council's functions.
28
Asbestos Safety and Eradication Council Part 5
Functions of the Asbestos Safety and Eradication Council etc. Division 1
Section 30
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 15
Note:
Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative
1
Instruments Act 2003 do not apply to the directions (see sections 44
2
and 54 of that Act).
3
(2) The Asbestos Safety and Eradication Council must comply with a
4
direction given under subsection (1).
5
Part 5 Asbestos Safety and Eradication Council
Division 2 Membership of the Asbestos Safety and Eradication Council
Section 31
16 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Division 2--Membership of the Asbestos Safety and
1
Eradication Council
2
31 Membership
3
The Asbestos Safety and Eradication Council is to consist of:
4
(a) the Chair; and
5
(b) one member representing the Commonwealth; and
6
(c) 2 members representing State, Territory and local
7
governments; and
8
(d) 4 other members.
9
32 Appointment of Council members
10
(1) The Council members are to be appointed by the Minister by
11
written instrument, on a part-time basis.
12
(2) The instrument of appointment of a Council member must specify
13
whether the member is appointed as:
14
(a) the Chair; or
15
(b) the member representing the Commonwealth; or
16
(c) a member representing State, Territory and local
17
governments; or
18
(d) one of the other members.
19
(3) A person is eligible for appointment as a Council member under
20
paragraph 31(a) or (d) only if the Minister is satisfied that the
21
person has knowledge or experience in one or more of the
22
following:
23
(a) asbestos safety;
24
(b) public health issues relating to asbestos;
25
(c) asbestos-related diseases;
26
(d) the representation of, or the provision of support to, persons
27
with asbestos-related diseases and their families;
28
(e) financial management;
29
(f) corporate governance.
30
Asbestos Safety and Eradication Council Part 5
Membership of the Asbestos Safety and Eradication Council Division 2
Section 33
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 17
33 Term of appointment
1
A Council member holds office for the period specified in the
2
instrument of appointment. The period must not be more than 3
3
years.
4
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
5
1901.
6
34 Acting appointment
7
Appointment to act as Chair
8
(1) The Minister may, by written instrument, appoint a Council
9
member to act as the Chair:
10
(a) during a vacancy in the office of Chair, whether or not an
11
appointment has previously been made to that office; or
12
(b) during any period, or during all periods, when the Chair:
13
(i) is absent from duty or from Australia; or
14
(ii) is, for any other reason, unable to perform the duties of
15
the office.
16
Appointment to act as member other than Chair
17
(2) The Minister may, by written instrument, appoint a person to act as
18
a Council member (other than the Chair):
19
(a) during a vacancy in the office of a Council member (other
20
than the Chair), whether or not an appointment has
21
previously been made to that office; or
22
(b) during any period, or during all periods, when a Council
23
member (other than the Chair):
24
(i) is absent from duty or from Australia; or
25
(ii) is, for any other reason, unable to perform the duties of
26
the office.
27
Note:
See sections 33AB and 33A of the Acts Interpretation Act 1901 for
28
rules that apply to acting appointments.
29
(3) If:
30
(a) paragraph (2)(a) applies; and
31
Part 5 Asbestos Safety and Eradication Council
Division 2 Membership of the Asbestos Safety and Eradication Council
Section 34
18 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
(b) the vacancy is in the office of a Council member referred to
1
in paragraph 31(d);
2
a person is not eligible for appointment to act as that member
3
unless the person is eligible for appointment as that member (see
4
subsection 32(3)).
5
(4) If:
6
(a) paragraph (2)(b) applies; and
7
(b) the Council member referred to in that paragraph was
8
appointed under paragraph 31(d);
9
a person is not eligible for appointment to act as that member
10
unless the person is eligible for appointment as that member (see
11
subsection 32(3)).
12
Asbestos Safety and Eradication Council Part 5
Terms and conditions of appointment Division 3
Section 35
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 19
Division 3--Terms and conditions of appointment
1
35 Remuneration and allowances
2
(1) A Council member is to be paid the remuneration that is
3
determined by the Remuneration Tribunal. If no determination of
4
that remuneration by the Tribunal is in operation, the member is to
5
be paid the remuneration that is prescribed by the rules.
6
(2) However, a Council member is not entitled to be paid remuneration
7
if he or she holds an office or appointment, or is otherwise
8
employed, on a full-time basis in the service or employment of:
9
(a) a State; or
10
(b) a corporation (a public statutory corporation) that:
11
(i) is established for a public purpose by a law of a State;
12
and
13
(ii) is not a tertiary education institution; or
14
(c) a company limited by guarantee, where the interests and
15
rights of the members in or in relation to the company are
16
beneficially owned by a State; or
17
(d) a company in which all the stock or shares are beneficially
18
owned by a State or by a public statutory corporation.
19
Note:
A similar rule applies to a member who has a similar relationship with
20
the Commonwealth or a Territory. See subsection 7(11) of the
21
Remuneration Tribunal Act 1973.
22
(3) A Council member is to be paid the allowances that are prescribed
23
by the rules.
24
(4) This section has effect subject to the Remuneration Tribunal Act
25
1973.
26
36 Leave of absence
27
(1) The Minister may grant leave of absence to the Chair on the terms
28
and conditions that the Minister determines.
29
(2) The Chair may grant leave of absence to another Council member
30
on the terms and conditions that the Chair determines.
31
Part 5 Asbestos Safety and Eradication Council
Division 3 Terms and conditions of appointment
Section 37
20 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
(3) The Chair must notify the Minister if the Chair grants another
1
Council member leave of absence for a period that exceeds 3
2
months.
3
37 Disclosure of interests to the Asbestos Safety and Eradication
4
Council
5
(1) A Council member who has an interest, pecuniary or otherwise, in
6
a matter being considered or about to be considered by the
7
Asbestos Safety and Eradication Council must disclose the nature
8
of the interest to a meeting of the Council.
9
(2) The disclosure must be made as soon as possible after the relevant
10
facts have come to the Council member's knowledge.
11
(3) The disclosure must be recorded:
12
(a) in the minutes of the meeting of the Asbestos Safety and
13
Eradication Council; and
14
(b) in any advice provided, or recommendations made, to the
15
CEO by the Council; and
16
(c) in any guidelines issued to the CEO by the Council.
17
38 Other terms and conditions
18
A Council member holds office on the terms and conditions (if
19
any) in relation to matters not covered by this Act that are
20
determined by the Minister.
21
39 Resignation
22
(1) A Council member may resign his or her appointment by giving
23
the Minister a written resignation.
24
(2) The resignation takes effect on the day it is received by the
25
Minister or, if a later day is specified in the resignation, on that
26
later day.
27
40 Termination of appointment
28
The Minister may terminate the appointment of a Council member:
29
Asbestos Safety and Eradication Council Part 5
Terms and conditions of appointment Division 3
Section 40
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 21
(a) for misbehaviour; or
1
(b) if the member is incapable of performing the duties of his or
2
her office; or
3
(c) if the member:
4
(i) becomes bankrupt; or
5
(ii) applies to take the benefit of any law for the relief of
6
bankrupt or insolvent debtors; or
7
(iii) compounds with his or her creditors; or
8
(iv) makes an assignment of his or her remuneration for the
9
benefit of his or her creditors; or
10
(d) if the member is absent, except on leave of absence, from 3
11
consecutive meetings of the Asbestos Safety and Eradication
12
Council; or
13
(e) if the member fails, without reasonable excuse, to comply
14
with section 37 (which deals with the disclosure of interests).
15
Part 5 Asbestos Safety and Eradication Council
Division 4 Meetings of the Asbestos Safety and Eradication Council
Section 41
22 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Division 4--Meetings of the Asbestos Safety and
1
Eradication Council
2
41 Meetings of the Asbestos Safety and Eradication Council
3
(1) The Chair must hold such meetings as are necessary for the
4
efficient performance of the Asbestos Safety and Eradication
5
Council's functions.
6
(2) The Chair must preside at all meetings at which he or she is
7
present.
8
(3) If the Chair is not present at a meeting, the other Council members
9
must appoint one of themselves to preside.
10
Planning and reporting Part 6
Annual operational plan Division 1
Section 42
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 23
Part 6--Planning and reporting
1
Division 1--Annual operational plan
2
42 Annual operational plan
3
(1) The Agency must, before the start of the 12-month period that
4
starts on 1 July in a year, give the Minister for approval an annual
5
operational plan relating to that period.
6
Content etc.
7
(2) The annual operational plan must set out:
8
(a) the activities to be undertaken by the Agency during the
9
12-month period in the performance of the Agency's
10
functions; and
11
(b) performance indicators for the assessment of the Agency's
12
performance of its functions during that period.
13
(3) The annual operational plan must not be inconsistent with the
14
National Strategic Plan.
15
First annual operational plan
16
(4) If this section commences on or after 1 July in a year:
17
(a) the Agency must give the first annual operational plan under
18
subsection (1) as soon as practicable after the commencement
19
of this section; and
20
(b) that plan must relate to the period that starts on that
21
commencement and ends at the end of the next 30 June.
22
43 Approval of annual operational plan
23
(1) The Minister may, by written notice given to the Agency:
24
(a) approve an annual operational plan given to the Minister
25
under section 42; or
26
Part 6 Planning and reporting
Division 1 Annual operational plan
Section 44
24 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
(b) request the Agency to amend an annual operational plan
1
given to the Minister under section 42 and to resubmit it for
2
approval.
3
(2) An annual operational plan comes into force on the later of the
4
following days:
5
(a) the day it is approved by the Minister;
6
(b) the first day of the period to which it relates.
7
44 Variation of annual operational plan
8
(1) The Agency may, on its own initiative or at the request of the
9
Minister, vary an annual operational plan and give the variation to
10
the Minister for approval.
11
(2) The Minister may, by written notice given to the Agency, approve
12
the variation of the annual operational plan.
13
(5) The variation of the annual operational plan takes effect on the day
14
it is approved by the Minister.
15
Planning and reporting Part 6
Annual report Division 2
Section 45
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 25
Division 2--Annual report
1
45 Annual report
2
(1) The Agency must, as soon as practicable after the end of each
3
financial year, prepare and give to the Minister, for presentation to
4
the Parliament, a report on the Agency's operations during that
5
year.
6
Note:
See also section 34C of the Acts Interpretation Act 1901, which
7
contains extra rules about annual reports.
8
(2) If this section does not commence at the start of a financial year,
9
the first report under subsection (1) must relate to the period that
10
starts on the commencement of this section and ends at the end of
11
the next 30 June.
12
Part 7 Miscellaneous
Section 46
26 Asbestos Safety and Eradication Agency Bill 2013 No. , 2013
Part 7--Miscellaneous
1
2
46 Delegation
3
(1) The Agency may, in writing, delegate all or any of its functions or
4
powers under this Act to:
5
(a) the CEO; or
6
(b) an SES employee, or acting SES employee, who is a member
7
of the staff of the Agency.
8
Note:
SES employee and acting SES employee are defined in section 2B of
9
the Acts Interpretation Act 1901.
10
(2) In exercising any powers or performing any functions under the
11
delegation, the delegate must comply with any directions of the
12
Agency.
13
47 Review of the Agency's role and functions
14
(1) The Minister must cause a review of the Agency's ongoing role
15
and functions to be conducted.
16
(2) The review must:
17
(a) start 5 years after the commencement of this section; and
18
(b) be completed within 6 months.
19
(3) The Minister must cause a written report about the review to be
20
prepared.
21
(4) The Minister must cause a copy of the report to be laid before each
22
House of Parliament within 15 sitting days after the completion of
23
the report.
24
48 Rules
25
The Minister may, by legislative instrument, make rules
26
prescribing matters:
27
(a) required or permitted by this Act to be prescribed by the
28
rules; or
29
Miscellaneous Part 7
Section 48
Asbestos Safety and Eradication Agency Bill 2013 No. , 2013 27
(b) necessary or convenient to be prescribed in order to carry out
1
or give effect to this Act.
2
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