Commonwealth Numbered Acts

AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 28

28. (1) If a motion of no confidence in the Chairperson or in the Corporation
is moved at an annual general meeting, the person presiding at the meeting
shall cease to preside until the motion has been voted on and, during the
period that he or she does not so preside, a member of the staff of the
Corporation selected by the Chairperson shall preside in his or her stead.

(2) If a motion of no confidence in the Chairperson is passed at an annual
general meeting, the Minister shall terminate the appointment of the
Chairperson as soon as possible after the end of the meeting, and shall,
within a period of one month after the day of the meeting, appoint another
person to be Chairperson.

(3) If a motion of no confidence in the Corporation is passed at an annual
general meeting, the Minister shall, subject to sub-section (4), within a
period of one month after the day of the meeting, by notice published in the
Gazette, terminate the appointment of each of the members of the Corporation
(other than the Executive Director) with effect from a day specified in the
notice and, in accordance with section 12, appoint a person in the place of
each of the members whose appointment has been so terminated.

(4) Where the Minister is satisfied that it is not practicable, within a
period of one month after the day of an annual general meeting at which a
motion of no confidence in the Corporation has been passed, to appoint new
members in the place of each of the members whose appointment is required to
be terminated in accordance with sub-section (3), the Minister may, in
writing, declare that this sub-section applies to the Corporation and, upon
the making of the declaration, the Corporation shall, until the Minister
revokes the declaration or the period of 6 months after the day of the meeting
expires, whichever first occurs, be constituted in accordance with sub-section
(5).

(5) For the purposes of sub-section (4), the Corporation shall consist of 4
members, namely-

   (a)  a Chairperson;

   (b)  a government member; and

   (c)  2 other members, and the Corporation, while constituted in accordance
        with this sub-section, may perform all the functions, and exercise all
        the powers, of the Corporation except the power to appoint an
        Executive Director.

(6) All members appointed to the Corporation as constituted for the purposes
of sub-section (4) shall be appointed by the Minister and shall hold office as
part-time members.

(7) The Minister shall not appoint a person to be the government member unless
the Minister is satisfied that the person has a knowledge of, and experience
in, the formulation of government policy and in public administration.

(8) The members referred to in paragraph (5) (c) shall be persons appointed by
the Minister from persons nominated to the Minister, at his or her request, by
the Australian Meat and Live-stock Industry Selection Committee for the
purposes of this section.

(9) Decisions made by the Corporation as constituted for the purposes of
sub-section (4) are not valid unless-

   (a)  they are made at meetings at which all members of the Corporation as
        so constituted are present; and

   (b)  they are approved by the Minister.

(10) The fact that a person's appointment as a member of the Corporation has
been terminated under sub-section (3) shall not be taken to imply that the
person may not be appointed to the Corporation as constituted for the purposes
of sub-section (4) or as constituted for the purposes of section 12.

(11) The fact that a person has been appointed as a member of the Corporation
as constituted for the purposes of sub-section (4) shall not be taken to imply
that the person may not be appointed to the Corporation as constituted for the
purposes of section 12.