Meetings of the Commission
Schedule 2 Meetings of the Commission
Section 7(5)
1. Convening of meetings
Subject to subclause (2), meetings of the Commission are to be held at the times and places determined by the Commission.
The chairperson of the Commission may convene a meeting at any time.
If the chairperson of the Commission is absent or otherwise unable to perform the duties of the office –
the person acting in the office of chairperson of the Commission, or a person authorised by the Commission to do so, is to convene a meeting in accordance with subclause (2) as if he or she were the chairperson of the Commission; or
any other meeting may be convened by –
two members of the Commission; or a person authorised by the Commission to do so.
two members of the Commission; or
a person authorised by the Commission to do so.
2. Presiding at meetings
The chairperson of the Commission is to preside at all meetings of the Commission at which he or she is present.
If the chairperson is not present at a meeting of the Commission, the member of the Commission elected by the members of the Commission present is to preside.
3. Quorum and voting at meetings
At a meeting of the Commission, 2 members of the Commission constitute a quorum.
A meeting of the Commission at which a quorum is present is competent to transact any business of the Commission.
At a meeting of the Commission –
a question is decided by a majority of votes of the members of the Commission present and voting; and
the person presiding has a casting vote if there is an equality of votes.
4. Conduct of meetings
Subject to this Act, the Commission may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
The Commission may permit members of the Commission to participate in a particular meeting or all meetings by –
telephone; or
video conference; or
any other means of communication approved by the Commission.
A member who participates in a meeting under a permission granted under subclause (2) is present at the meeting.
The Commission may allow a person to attend a meeting for the purpose of advising or informing it on any matter or for any other reason the Commission considers appropriate.
5. Resolutions without meetings
If at least 2 members of the Commission sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Commission held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last of the members signs the document.
If a resolution is taken to have been passed under subclause (1), each member of the Commission is to be –
advised immediately of the matter; and
given a copy of the terms of the resolution.
For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the Commission, are taken to constitute one document.
6. Minutes The Commission is to keep minutes of its proceedings.
7. General procedure Subject to this Act, the Commission may regulate its own proceedings.
8. Presumptions In any proceedings by or against the Commission, unless evidence is given to the contrary, proof is not required of –
any resolution of the Commission; and
the presence of a quorum at any meeting of the Commission.
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