Queensland Consolidated Acts

SOUTH BANK CORPORATION ACT 1989 - SCHEDULE 1

A member is to be appointed for a term of not longer than 3 years.

A person is disqualified from becoming or continuing as a member if the person—

(a) engages in full-time employment with the board, or becomes an employee of the employing office or another government entity or public agency performing work for the corporation, on a full-time basis, under a work performance arrangement, without the Governor in Council's approval; or

(b) has been convicted of an indictable offence.

(1) A person ceases to be a member if the person—

(a) resigns by signed resignation notice given to the Minister; or

(b) is disqualified under clause 2; or

(c) is removed under subclause (2); or

(d) is a public service officer appointed on the nomination of the Minister and stops being a public service officer.

(2) The Governor in Council may remove a member from office if the member—

(a) engages in misconduct or neglect of duty; or

(b) contravenes this Act without reasonable excuse; or

(c) becomes incapable of performing the functions of office because of physical or mental incapacity; or

(d) is incompetent; or

(e) is an undischarged bankrupt or is taking advantage of the laws relating to bankruptcy; or

(f) was appointed on the nomination of the council and the council has resolved to withdraw the nomination; or

(g) is absent from 3 consecutive meetings of the board without leave of the board or the chairperson and without reasonable excuse.

(1) A member is entitled to be paid the remuneration and allowances the Governor in Council decides.

(2) A member holds office on the terms of appointment not provided under this Act that the Governor in Council decides.

In this part—

required minimum number of members means half the number of members of which the board for the time being consists or, if that number is not a whole number, the next higher whole number.

The board may conduct its business (including its meetings) in the way it considers appropriate.

(1) Meetings of the board are to be held at the times and places it decides.

(2) However, the chairperson—

(a) may at any time call a meeting; and

(b) must call a meeting if asked by at least the required minimum number of members.

(1) The chairperson must preside at all meetings when the chairperson is present.

(2) If the chairperson is absent, the member chosen by the members present is to preside.

(1) At a meeting of the board—

(a) the required minimum number of members form a quorum; and

(b) a question is to be decided by a majority of the votes of the members present and voting; and

(c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

(2) Subclause (1)(a) has effect subject to clause 15(3) (Voting by interested member).

(1) The board may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another type of communication.

(2) A member who takes part in a meeting of the board under a permission under subclause (1) is taken to be present at the meeting.

(1) If all members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day when the document is signed or, if the members do not sign it on the same day, the day when the last of the members signs the document.

(2) For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.

(1) The corporation manager must keep, at the corporation's office, a register containing the minutes of each meeting of the board and details of all decisions made by the board.

(2) The register may be inspected during normal working hours by a person authorised in writing by the Minister.

(1) The corporation's seal must be kept at the corporation's office, in the corporation manager's custody, and may be used only as authorised by the board.

(2) The impressing of the seal must be witnessed by the chairperson and the corporation manager or as the chairperson directs.

(3) Judicial notice must be taken of the imprint of the seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.

(1) If a member has a direct or indirect interest in an issue being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member's knowledge.

Maximum penalty—100 penalty units.

(2) The disclosure must be recorded in the board's minutes.

(1) A member who has a material personal interest in an issue being considered by the board must not—

(a) vote on the issue; or

(b) vote on a proposed resolution (a related resolution) under subclause (2) about the issue (whether in relation to the member or another); or

(c) be present while the issue, or a related resolution, is being considered by the board; or

(d) otherwise take part in any decision of the board about the issue or a related resolution.

Maximum penalty—100 penalty units.

(2) Subclause (1) does not apply to the issue if the board has at any time passed a resolution that—

(a) specifies the member, the interest and the issue; and

(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the issue.

(3) A quorum is present during a consideration of an issue by the board only if at least 1 less than the required minimum numbers of members are present who are entitled to vote on any motion that may be moved about the issue.

(4) The Minister may, by agreeing to a proposed resolution, deal with an issue if the board cannot deal with it because of subclause (3).