After section 52 of the Principal Act , the following section and Schedules are inserted:

53.     Proceeds of milk sales

Any proceeds of the sale of milk not distributed by the Authority before the commencement of the Dairy Industry Amendment Act 2000 are to be distributed by the Authority on or after that commencement in accordance with section 37 as if that section had not been repealed by that Act.

SCHEDULE 1 - Membership of Authority

Section 6(3)

1.    Period of appointment

A member is to be appointed for the period, not exceeding 3 years, specified in his or her instrument of appointment.

2.    Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

3.    Remuneration

A member is entitled to be paid any remuneration and allowances the Minister determines.

4.    Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3).

(2) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Authority without the permission of the Authority; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes assignment of remuneration or estate for the creditors' benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer.

(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

5.    Filling of vacancies

(1) If the office of a member referred to in paragraph (a) of section 6(1) becomes vacant, the Minister may appoint a person selected from nominations received under that paragraph to the vacant office for the remainder of that member's term of office.

(2) If the office of a member referred to in section 6(1) (c) or (d) becomes vacant, the Minister may appoint a suitable person to the vacant office for the remainder of that member's term of office.

SCHEDULE 2 - Meetings of Authority

Section 6(4)

1.    Convening of meetings

The chairperson –

(a) may convene a meeting of the Authority at any time; and

(b) is to convene a meeting if requested in writing by 2 other members or if so directed by the Minister.

2.    Procedure at meetings

(1) The quorum at any meeting of the Authority is 3 members.

(2) Any meeting of the Authority at which a quorum is present is competent to transact any business of the Authority.

(3) A question arising at a meeting of the Authority is to be determined by a majority of votes of the members present and voting.

(4) A telephone or video conference between members is a meeting of the Authority at which the members participating in the conference are present.

3.    Chairperson

(1) The chairperson of the Authority is to preside at all meetings of the Authority.

(2) If the chairperson of the Authority is not present at a meeting of the Authority, a member elected by the members present is to preside at that meeting.

4.    Minutes

The Authority is to cause full and accurate minutes to be kept of its proceedings at meetings.

5.    General procedure

Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Authority is to be determined by the Authority.

6.    Validity of proceedings

(1) An act or proceeding of the Authority or of a person acting under the direction of the Authority is not invalid because when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Authority.

(2) An act or proceeding of the Authority or of a person acting under the direction of the Authority is valid even if –

(a) the appointment of a member was defective; or

(b) a person appointed as a member was disqualified from acting as, or incapable of being, a member.

7.    Presumptions

In any proceedings by or against the Authority, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Authority; or

(b) any resolution of the Authority; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Authority.

8.    Disclosure of interest

(1) A member or deputy member of the Authority who is aware that he or she has a pecuniary interest, otherwise than in common with the member's sector of the dairy industry, in a matter under consideration by the Authority –

(a) must disclose the nature of the interest to the Authority; and

(b) unless the Authority otherwise determines, must not take part in any deliberations or decisions of the Authority in relation to that matter.

Penalty:  Fine not exceeding 50 penalty units.

(2) A member who makes a disclosure under subclause (1)(a) is not to take part in the making of a determination for the purpose of subclause (1)(b) .

(3) A disclosure under this clause is to be recorded in the minutes of the Authority.