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TORRES STRAIT FISHERIES ACT 1984 - SECT 40

Procedure of Protected Zone Joint Authority

  (1)   At a meeting of the Protected Zone Joint Authority:

  (a)   if the Commonwealth Minister is present--he or she is to preside; or

  (b)   if the Commonwealth Minister is not present but the Queensland Minister is present--the Queensland Minister is to preside; or

  (c)   if neither the Commonwealth Minister nor the Queensland Minister is present but the Chairperson of the TSRA is present--the Chairperson of the TSRA is to preside; or

  (d)   if none of the preceding paragraphs is applicable--the deputy of the Commonwealth Minister is to preside.

  (2)   Meetings of the Protected Zone Joint Authority shall be convened by the Commonwealth Minister, and he or she shall convene such a meeting if requested to do so by either of the other members.

  (3)   The quorum for a meeting of the Protected Zone Joint Authority is 2 members (including the Commonwealth Minister or his or her deputy).

  (4)   If, at a meeting of the Protected Zone Joint Authority, the members are not agreed as to the decision to be made on a matter, the Commonwealth Minister may, subject to subsection   (5), decide that matter and his or her decision shall have effect as the decision of the Protected Zone Joint Authority.

  (5)   Where:

  (a)   the Commonwealth Minister proposes to decide a matter in accordance with subsection   (4); and

  (b)   either of the other members requests the Commonwealth Minister to delay the making of the decision to permit consultations to take place in relation to the proposed decision;

the Commonwealth Minister shall delay the making of the decision for such period as he or she considers reasonable to permit those consultations to take place.

  (6)   A member of the Protected Zone Joint Authority may, by written or other communication, submit a matter within the functions of the Protected Zone Joint Authority for consideration by the other members of the Protected Zone Joint Authority and, if the members of the Protected Zone Joint Authority are agreed as to the decision to be made on the matter, the Protected Zone Joint Authority shall be taken to have made a decision accordingly and the Commonwealth Minister shall, upon being satisfied that the members are so agreed, record the decision as a decision of the Protected Zone Joint Authority.

  (7)   The Protected Zone Joint Authority may establish advisory committees, consisting of such persons as it thinks fit, to provide information and advice to the Protected Zone Joint Authority on scientific, economic and technical matters related to any fishery.

  (8)   Subject to this section, the Protected Zone Joint Authority may adopt its own rules of procedure.

  (9)   The Commonwealth Minister shall cause written records to be kept of the decisions of the Protected Zone Joint Authority and such a record, if signed by the Commonwealth Minister, or a deputy of the Commonwealth Minister, who took part in or made the decision, is prima facie evidence that the decision, as recorded, was duly made.

  (10)   In proceedings in any court, an instrument or other document signed on behalf of the Protected Zone Joint Authority by a member of the Protected Zone Joint Authority, shall be deemed to be duly executed by the Protected Zone Joint Authority and, unless the contrary is proved, shall be deemed to be in accordance with a decision of the Protected Zone Joint Authority.



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