Commonwealth Consolidated Acts Commonwealth Consolidated Acts
In this Schedule:
"Committee" means the Geographical Indications Committee.
"member" means the Presiding Member or a nominated member of the Committee.
"nominated member" means a member of the Committee referred to in paragraph 2(1)(b), (c) or (d).
"Presiding Member" means the Presiding Member of the Committee.
(1) The Committee is to consist of the following members:
(a) a Presiding Member appointed by the Chair of the Authority in accordance with a resolution of the Authority;
(b) one member appointed by the Chair of the Authority on the nomination of a declared winemakers organisation;
(c) one member appointed by the Chair of the Authority on the nomination of a declared wine grape growers organisation;
(d) any other member prescribed by the regulations for the purposes of this paragraph.
(2) The members of the Committee are to be appointed on a part - time basis.
(3) The appointment of a member of the Committee is not ineffective only because of a defect or irregularity in, or in connection with, the member's nomination or appointment.
(4) The exercise of a power, or the performance of a function, by the Committee is not ineffective only because there is one vacancy in the membership of the Committee.
The Chair of the Authority may appoint a person to act as the Presiding Member:
(a) during a vacancy in the office of Presiding Member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Presiding Member is absent from Australia or is, for any other reason, unable to perform the functions of the Presiding Member.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .
4 Alternate members of the Committee
(1) The Chair of the Authority may appoint a person who is not a member of the Committee to be the alternate of a particular nominated member.
(2) If a nominated member is absent from a meeting of the Committee, the member's alternate (if any) is entitled to attend the meeting and, when so attending, is taken to be a member of the Committee.
(3) If a person ceases to hold office as a nominated member:
(a) the person (if any) who was the person's alternate immediately before he or she ceased to hold office is entitled to attend meetings of the Committee while the office is vacant and, when so attending, is taken to be a member of the Committee; and
(b) the person is taken to be the alternate of a person appointed to the vacant office until a new appointment of an alternate is made.
(4) A person may only be appointed as a nominated member's alternate if the person has been nominated in writing by the organisation by which the member was nominated for appointment.
(5) A person appointed as a member's alternate remains the member's alternate until the organisation that nominated the person gives the Chair of the Authority a written nomination of a different person for appointment as the member's alternate.
(6) A person may resign an appointment as alternate of a member of a Committee by giving a signed notice of resignation to the Chair of the Authority.
A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
A member may resign his or her appointment by giving a signed notice of resignation to the Chair of the Authority.
(1) The Authority may terminate the appointment of a member of the Committee because of misbehaviour or physical or mental incapacity.
(2) If a member of the Committee:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b) fails without reasonable excuse to comply with clause 9; or
(c) is absent, without leave of absence under clause 8, from 3 consecutive meetings of the Committee;
the Authority must terminate the appointment of the member.
(1) The Chair of the Authority may grant the Presiding Member leave of absence from a meeting of a Committee.
(2) The Presiding Member may grant leave of absence to another member of a Committee from a meeting of a Committee.
9 Disclosure of interests by Committee members
(1) A member of the Committee who has a direct or indirect financial interest in a matter being considered or about to be considered by the Committee must, as soon as possible after the member has become aware of the relevant facts, disclose the nature of that interest at a meeting of the Committee.
(2) A disclosure under subclause (1) must be recorded in the minutes of a meeting of the Committee and the member must not, unless the Authority or the Committee otherwise determines:
(a) be present during any deliberation of the Committee regarding that matter; or
(b) take part in any decision of the Committee regarding that matter.
(3) For the purposes of the making of a determination by the Committee under subclause (2) in relation to a member who has made a disclosure under subclause (1), the member must not:
(a) be present during any deliberation of the Committee for the purpose of making a determination; or
(b) take part in the making of the determination.
(4) A member of the Committee who is a winemaker or a grower of wine grapes is not taken to have a financial interest in a matter being considered, or about to be considered, by the Committee solely because the member is a winemaker or grower of wine grapes, as the case may be.
(1) Meetings of the Committee are to be held at such times and places as the Committee determines.
(2) A meeting of the Committee may be convened by the Presiding Member.
(3) Two members constitute a quorum at the meeting of the Committee.
Note: A different quorum may be prescribed by the regulations if the Committee has more than 3 members. (See subclause (10).)
(4) The presiding Member is to preside at all meetings of the Committee at which he or she is present.
(5) If the Presiding Member is not present at a meeting of the Committee, the members of the Committee who are present must elect one of them to preside at the meeting.
(6) Subject to subclause (7), a question arising at a meeting of the Committee is to be decided by a majority of the votes of the members of the Committee.
(7) If only 2 members are present at a meeting of the Committee and those members are unable to agree on a question, the question is to be deferred until a meeting at which 3 members are present.
Note: A different process for resolving questions may be prescribed by the regulations if the Committee has more than 3 members. (See subclause (10).)
(8) The Committee must keep minutes of its proceedings.
(9) The minutes must record each decision made by the Committee and the reasons for the decision.
(10) If one or more members are prescribed by the regulations for the purposes of paragraph 2(1)(d):
(a) the number of members that constitutes a quorum at a meeting of the Committee is the number (being a number greater than 2) prescribed by the regulations for the purposes of this paragraph; and
(b) if members who are present at a meeting of the Committee are unable to agree on a question, the process that is to apply is the process prescribed by the regulations for the purposes of this paragraph.
(1) The Authority must make staff available to provide administrative assistance for the Committee.
(2) The Presiding Member may, on behalf of the Authority, engage persons with suitable qualifications and experience as consultants to the Committee.
(3) The terms and conditions of engagement of consultants are to be those determined by the Committee with the approval of the Authority.
12 Information for inclusion in Authority's annual report
As soon as practicable after the end of each financial year, the Committee must give to the Authority any information relating to the Committee's operations during that year that the Authority reasonably requires for the purpose of preparing a report under section 46 of the Public Governance, Performance and Accountability Act 2013 in relation to the period that includes the year.