Cross-Border Commission Bill 2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to constitute the Cross-Border Commission of New
South Wales.

The Bill also makes consequential amendments to the Public Sector
Employment and Management Act 2002.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 defines certain words and expressions used in the proposed Act.

Part 2 Cross-Border Commission
Clause 4 provides for the constitution of the Cross-Border Commission of New
South Wales. The Commission is to consist of the Chairperson and between 4
and 8 part-time members appointed by the Premier. The part-time members are
to be residents of New South Wales who, in the opinion of the Premier, are
suitably qualified to represent various interests in relation to border
communities. A person cannot be a part-time member if he or she is a member
of the Parliament of New South Wales or of the Commonwealth.

Clause 5 provides that the Chairperson is to be appointed by the Governor on
the recommendation of the Premier after consultation by the Premier with the
Leader of the Opposition in the Legislative Assembly (or, if the Opposition
comprises 2 or more recognised political parties, the leaders of those parties).

Clause 6 makes provision for the appointment by the Premier, after consultation
with the Leader of the Opposition in the Legislative Assembly (or, if the
Opposition comprises 2 or more recognised political parties, the leaders of those
parties), of an acting Chairperson during the illness or absence of the
Chairperson.

Clause 7 enables staff to be employed under Chapter 2 of the Public Sector
Employment and Management Act 2002 to assist the Commission. Clause 7 also
enables the Commission to utilise staff or facilities of a government department
or a public or local authority and to engage consultants.

Clause 8 sets out the following functions of the Commission:

(a) to invite members of a border community to make submissions to the
Commission in relation to matters affecting that community,

(b) to conduct inquiries into such matters affecting border communities as are
referred to it by the Premier or as the Commission considers appropriate,

(c) to identify issues affecting border communities and to make
recommendations to the Premier regarding such issues,

(d) to prepare an annual report for tabling in Parliament in relation to the
results of its inquiries into matters affecting border communities, and in
relation to any action taken by the Government as a consequence of any
recommendations referred to in paragraph (c),

(e) other functions conferred or imposed on the Commission by or under any
other Act or law.

Clause 9 requires the Commission to prepare an annual report and to forward it
to the Premier. The Premier is to cause the report to be tabled in each House of
Parliament as soon as practicable after the report is forwarded to the Premier.

Clause 9 also makes provision for the tabling of such a report if a House of
Parliament is not sitting when the Premier seeks to table the report.

Part 3 Miscellaneous
Clause 10 absolves a member of the Commission, or a person acting under the
direction of the Commission, from personal liability for anything done or
omitted in good faith for the purpose of executing an Act (including the proposed
Act).

Clause 11 requires the Premier to review the functions of the Commission 5
years after the commencement of the proposed Act and to report the outcome of
the review to each House of Parliament.

Clause 12 gives effect to the amendments to the Public Sector Employment and
Management Act 2002 set out in Schedule 2.

Schedule 1 contains provisions relating to the constitution and procedure of the
Commission, including terms of office of members, voting and quorum for
meetings.

Schedule 2 makes consequential amendments to the Public Sector Employment
and Management Act 2002.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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