Zoological Parks Board Act 1973

This Act may be cited as the Zoological Parks Board Act 1973.

This Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

animal includes any bird, fish, reptile or other living zoological specimen.

Board means the Zoological Parks Board of New South Wales constituted under this Act.

Chairperson means the Chairperson of the Board.

Deputy Chairperson means the Deputy Chairperson of the Board.

member means member of the Board.

regulations means regulations under this Act.

zoological park means a zoological garden, aquarium or similar institution in which animals are kept or displayed for conservation, scientific, educational, cultural or recreational purposes.

Notes included in this Act do not form part of this Act.

There is hereby constituted a corporation under the corporate name of the “Zoological Parks Board of New South Wales”.

The Board may also be called the Taronga Conservation Society Australia and the use of that name has the same effect for all purposes as the use of its corporate name.

The Board—

shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on it by or under this or any other Act,

shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and

shall, in the exercise of its powers, authorities, duties and functions (except in relation to the contents of a recommendation or report made by it to the Minister), be subject to the control and direction of the Minister.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Board to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Board makes use of) may be referred to as officers or employees, or members of staff, of the Board. Section 47A of the Constitution Act 1902 precludes the Board from employing staff.

The Board is to consist of 10 members appointed by the Minister, of whom—

5 are to be persons who have, in the opinion of the Minister, qualifications, knowledge, expertise or experience appropriate to the powers, authorities, duties and functions of the Board, and

one is to be a person who has, in the opinion of the Minister, expertise in zoology, veterinary science or animal welfare, or in research relating to any one or more of those fields, and

one is to be chosen by the Minister from a panel of 2 persons nominated by an organisation determined by the Minister, the principal activity of which is the voluntary provision of financial or other support to the zoological park in Mosman, and

one is to be chosen by the Minister from a panel of 2 persons nominated by an organisation determined by the Minister, the principal activity of which is the voluntary provision of financial or other support to the zoological park in Dubbo, and

one is to be chosen by the Minister from a panel of 2 persons nominated by the council of the local government area that includes the zoological park in Mosman, and

one is to be a person chosen by the Minister from a panel of 2 persons nominated by the council of the local government area that includes the zoological park in Dubbo.

In making appointments to the Board, the Minister is to have regard to the powers, authorities, duties and functions of the Board referred to in section 15.

If the Minister would, but for this subsection, be unable to appoint a member referred to in subsection (1) (c)–(f) because a panel of persons has not been nominated—

the Minister may instead appoint a person who is, in the opinion of the Minister, suitable to hold that office, and

the person so appointed is taken to have been appropriately appointed.

A member—

holds office, subject to this Act, for the term, not exceeding 5 years, that is specified in the member’s instrument of appointment or (if not so specified) in a later instrument executed by the Minister, and

is (if otherwise qualified) eligible for re-appointment.

One of the members referred to in section 6 (1) (a) is to be appointed as Chairperson by the instrument appointing the person as a member or by a subsequent instrument executed by the Minister.

Another of the members referred to in section 6 (1) (a) is to be appointed as Deputy Chairperson by the instrument appointing the person as a member or by a subsequent instrument executed by the Minister.

The Chairperson and Deputy Chairperson are each to hold office as such for such period, not exceeding 5 years, as the Minister may determine by instrument in writing, and are eligible (if otherwise qualified) for re-appointment.

The Minister may remove a member from the office of Chairperson or Deputy Chairperson at any time.

A person who is Chairperson or Deputy Chairperson vacates office as such if the person—

is removed from office by the Minister, or

resigns that office by instrument in writing addressed to the Minister, or

ceases to be a member.

A person does not cease to be a member merely because of—

the person’s resignation from the office of Chairperson or Deputy Chairperson, or

the expiration of the person’s term of office as Chairperson or Deputy Chairperson.

During the illness or absence from duty of the Chairperson or a vacancy in the office of Chairperson, the Deputy Chairperson—

shall act in the office of Chairperson, and

while so acting, has and may exercise and perform the powers, authorities, duties and functions of the Chairperson.

While acting in the office of Chairperson—

the Deputy Chairperson shall be taken to be duly doing so, and

anything done or omitted by the Deputy Chairperson, while so acting, shall be taken to have been done or omitted by the Chairperson.

Each member shall be entitled to receive such expenses and, if the Minister so approves, such fees and allowances for attending meetings and transacting business of the Board as the Minister may from time to time determine in respect of that member.

Where by or under any Act provision is made requiring the holder of an office specified therein to devote the whole of his or her time to the duties of his or her office, or prohibiting him or her from engaging in employment outside the duties of his or her office, that provision shall not operate to disqualify him or her from holding that office and also the office of a member or from retaining any expenses, fees or allowances payable to him or her under this section.

The office of a member shall not for the purposes of any Act be deemed to be an office or place of profit under the Crown.

The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.

A member shall be deemed to have vacated his or her office—

if the member dies,

if the member becomes a 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 any assignment of his or her estate for their benefit,

if the member is absent from four consecutive ordinary meetings of the Board of which reasonable notice has been given to him or her personally or in the ordinary course of post except on leave granted by the Board, unless the member is, before the expiration of four weeks after the last of those meetings, excused by the Board for his or her absence from those meetings,

if the member becomes a mentally incapacitated person,

if he or she is convicted in New South Wales of an indictable offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable,

if the member resigns his or her office by writing under his or her hand addressed to the Minister and the Minister accepts his or her resignation, or

if the member is removed from office by the Minister.

(Repealed)

The Minister may, for any cause which appears to the Minister sufficient, remove any appointed member from office.

The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Board.

The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of the Chairperson and the Deputy Chairperson, the member chosen by the members present at the meeting to act as chairperson may preside at any meeting of the Board.

The quorum for a meeting of the Board is a majority of its members for the time being. Any duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board and has and may exercise and perform all the powers, authorities, duties and functions of the Board.

The person presiding at any meeting of the Board shall, in the event of an equality of votes, have in addition to a deliberative vote a second or casting vote.

Subject to subsection (4), a decision of a majority of the members present at a meeting of the Board at which a quorum is present shall be the decision of the Board.

The Board shall cause a record of its decisions and full and accurate minutes of the proceedings at its meeting to be kept.

No matter or thing done, and no contract entered into, by the Board, and no matter or thing done by a member or by any other person acting under the direction or as delegate of the Board shall, if the matter or thing was done, or the contract was entered into, bona fide for the purpose of executing this Act or any other Act conferring or imposing powers, authorities, duties or functions on the Board, subject the member or person so acting personally to any action, liability, claim or demand.

Nothing in subsection (7) shall exempt any member or other person from liability to be surcharged with the amount of any payment which is disallowed by the Auditor-General in the accounts of or relating to the Board, and which the member or other person authorised or joined in authorising.

The Director of the Zoological Parks Board is the person employed in the Public Service as the Director.

The Board is to be consulted on any proposed appointment of a Director of the Zoological Parks Board.