Motor Vehicle Industry Advisory Council Charter - NSW Fair Trading ...

Motor Vehicle Industry
Advisory Council
Charter
1 June 2012 to 30 June 2014

Charter NSW Motor Vehicle Industry Advisory Council
Contents
Motor Vehicle Industry Advisory Council...................................... 3
Functions of the Council ................................................................ 3
Council Objectives and Priority Issues.........................................................................3
Membership, policies and procedures .......................................... 4
Membership ................................................................................................................4
Code of Conduct .........................................................................................................4
Term of appointment ...................................................................................................4
Enquiries from media...................................................................................................4
Role of the Chairperson.................................................................. 4
Leadership ..................................................................................................................4
Council management and performance.......................................................................4
Meeting management..................................................................................................4
Role of members ............................................................................. 5
Leadership ..................................................................................................................5
Council performance ...................................................................................................5
Vacancies......................................................................................... 5
Acting members .............................................................................. 5
Remuneration and allowances....................................................... 5
Conduct of meetings....................................................................... 6
Frequency of meetings ................................................................................................6
Chairing of meetings....................................................................................................6
Quorum .......................................................................................................................6
Attendance ..................................................................................................................6
Declarations of private interests ..................................................................................6
Decision making..........................................................................................................6
Out-of-session decision making...................................................................................6
Agenda........................................................................................................................6
Minutes........................................................................................................................6
Fair Trading Act 1987 No 68 ........................................................... 7
Appendix A .................................................................................... 11
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Charter NSW Motor Vehicle Industry Advisory Council
Motor Vehicle Industry Advisory Council
The Motor Vehicle Industry Advisory Council (the Council) is a consultative reference
group which was established to provide the Minister for Fair Trading with advice about
issues relevant to the motor trade and motor vehicle repair industries.
Functions of the Council
The Council is established under Section 25F of the Fair Trading Act 1987 (the Act) to
furnish advice to the Minister:
1. as to any issues relevant to the motor trade industry as it thinks fit or as are referred
to it by the Minister; and
2. in particular:
i as to the development of policy relating to the motor trade industry, and
ii as to any issues relevant to any legislation administered by the Minister for
Fair Trading and relating to the motor trade industry, and
iii as to education or research programs relating to the motor trade industry, that
are or might be government funded.
The legislation is reproduced at the end of this document.
Council Objectives and Priority Issues
The Motor Vehicle Industry Advisory Council initially had three priority areas:
• Consider how the new national register is operating in regard to the information
available to consumers looking to purchase a vehicle.
• Consider and report on ways to improve information and advice from repairers to
consumers on the likely and true costs of repairs; and
• Consider and report on specific aspects of the Government’s review of motor vehicle
legislation, as directed by the Minister.
In 2013, the Minister requested that the Council also consider another two priority areas:
• Review and advise upon the regulation of scrap metal dealing in the NSW motor
vehicle industry; and
• Advise on an appropriate definition for accessory fitting in the NSW motor vehicle
industry.
The Council is required to work through the issues, to discuss and advise on the impact
of the issues on the operation of the marketplace, and to provide the Minister with a final
report recommending the way forward (for example, proposed legislative reform,
creation of a Code of Conduct, or other appropriate recommendations).
The Council may be required to perform its functions out-of-session to ensure that the
reports on the priority issues are delivered by 1 June 2014. An interim report was
submitted to the Minister in December 2012, and a further interim report is due in
October 2013. In addition, the Chairperson is required to provide the Minister with a brief
verbal or written progress report on the agreed priority issues after each Council
meeting.
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Charter NSW Motor Vehicle Industry Advisory Council
Membership, policies and procedures
Membership
The Motor Vehicle Industry Advisory Council consists of between six and 16 members,
being the Commissioner for Fair Trading (or a nominee) and between five and 15 people
appointed by the Minister and having, in the opinion of the Minister, expertise or
qualifications appropriate to its functions.
The present membership of the Council is at Appendix A.
All members are appointed in accordance with the Department of Premier and Cabinet
document Guidelines for NSW Board and Committee Members: Appointment and
Remuneration(February 2012), which is available at www.boards.dpc.nsw.gov.au.
Code of Conduct
Members are expected to adhere to the Conduct Guidelines for Members of NSW
Government Boards and Committees (December 2011) published by the Department of
Premier and Cabinet, which is available at www.boards.dpc.nsw.gov.au.
Members are appointed to the Council for their expertise and skill in particular areas. It is
important that issues discussed and decisions that are made are in the public interest
and that issues concerning personal or professional interests be disclosed in accordance
with the Conduct Guidelines.
Term of appointment
The current term of appointment of all members commences on 1 July 2013 and expires
on 30 June 2014.
Enquiries from media
Enquiries from journalists and other media representatives are to be referred to the
Minister’s office.
Role of the Chairperson
The Chairperson is pivotal in creating the conditions for the Council to function
effectively. The Chairperson is expected to:
Leadership
behave in a professional manner at all times;
provide coherent leadership of the Council; and
establish effective working relationships with relevant NSW Fair Trading staff.
Council management and performance
ensure a clear structure for the effective running of Council meetings; and
ensure effective communication with NSW Fair Trading.
Meeting management
conduct Council meetings so as to facilitate the full participation of members;
allow for attendance by teleconference if necessary;
ensure that discussions focus on agenda items;
establish a professional style and tone of Council discussions to promote effective
decision-making and constructive debate; and
ensure that discussions are brought to a sensible conclusion with a clearly defined
decision or outcome.
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Charter NSW Motor Vehicle Industry Advisory Council
Role of members
Council members bring a range of professional expertise to Council discussions, but
they do not do so as industry representatives. Rather, they should use their industry
experience to inform discussions and, ultimately, the Council’s advice to the Minister.
The performance of members is crucial to achieving the smooth operation of the
Council’s business. Council members are expected to:
Leadership
behave in a professional manner at all times;
seek to continually improve their industry knowledge;
support the Chairperson in his/her leadership of the Council; and
participate in providing a satisfactory outcome to Council meetings through intelligent
questions and constructive debate.
Council performance
listen sensitively to the views of others;
gain the trust and respect of other members;
be well informed about the Council, NSW Fair Trading and consumer matters;
continually seek to develop and refresh their knowledge and skills to ensure that their
contribution to the Council remains informed and relevant; and
ensure that information is reviewed and provided sufficiently in advance of meetings
to enable thorough consideration of relevant issues.
Vacancies
A member of the Council may resign by tendering written notice to the Minister for Fair
Trading. The office of a member of the Council becomes vacant under other conditions
as set out in the Act.
Acting members
If a member of the Council is unable to perform the duties of his or her office, the
Minister for Fair Trading may appoint a person to act in the place of the member during
the period of inability. Such an appointment is made with terms and conditions
determined by the Minister and may also be terminated at any time the Minister deems
appropriate.
An acting member has all the functions of the member that is replaced and entitled to
any remuneration or travelling and other allowances as any other member of the
Council.
Remuneration and allowances
A member of the Council (including a Chairperson), who is not a member of the public
service or the holder of a full-time statutory office, is entitled to receive remuneration and
travelling or other allowances as approved from time to time by the Premier.
Members may be reimbursed travel and accommodation expenses.
Members will only receive remuneration and allowances for services provided in relation
to the Council’s functions and responsibilities and must submit an invoice and complete
a claim form (for allowances only).
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Charter NSW Motor Vehicle Industry Advisory Council
Conduct of meetings
Frequency of meetings
The Council is required to meet four times during each calendar year but may hold
additional meetings as approved by the Minister, and is required to do so as directed by
the Minister. Members are expected to make themselves available for such meetings.
Chairing of meetings
Council meetings, including sub-committee meetings, are to be chaired by:
(a) the Chairperson of the Council, or
(b) in the absence of the Chairperson, another Council member nominated
by a majority of Council members present.
Quorum
The quorum for a meeting of the Council is a majority of its members for the time being.
Attendance
Members are advised of upcoming meeting dates at the beginning of each calendar
year. Reminder notices are sent six weeks before each meeting.
All members are expected to attend all meetings. Attendance at Council meetings is
recorded in the minutes. Should a member not be able to attend a meeting an apology
must be lodged with the Secretariat at least one day before that meeting is to occur.
The office of an appointed member becomes vacant if the member is absent from three
consecutive meetings of the Council.
Declarations of private interests
Members who have a private interest in any matter that the Council may discuss at a
meeting should make a full declaration before the matter is discussed. This declaration,
and the decision of the Council on dealing with the conflict of interest, is to be recorded
in the minutes. The member must also absent himself or herself from the room while the
matter is being considered if requested to do so by the Chairperson.
Decision making
Members are required to vote on all matters that require a decision to be made.
Members are entitled to express a difference of opinion and may vote accordingly.
The Council can only make a decision if a majority vote is obtained. There is no
provision for a member to vote by proxy.
Out-of-session decision making
Matters that in the view of the Chairperson require urgent consideration may be
determined by the Council out-of-session. Full details of the matter, including the
outcome, are to be tabled at the next Council meeting and recorded in the minutes.
Agenda
The agenda and meeting papers are circulated before the meeting. All items for
inclusion on the agenda should be directed through the Secretariat at least ten working
days before the meeting, including a 100-word précis.
Minutes
Minutes of meetings are to be a true and balanced reflection of the discussion and
decisions of the Council, and will be circulated with the agenda for the next Council
meeting.
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Charter NSW Motor Vehicle Industry Advisory Council
Fair Trading Act 1987 No 68
Part 2B Products Safety Committee and advisory bodies
Division 3 Motor Vehicle Industry Advisory Council
25D Establishment
There is established by this Act a Council called the Motor Vehicle Industry Advisory
Council.
25E Membership
(1) The Motor Vehicle Industry Advisory Council is to consist of not less than 6, but not
more than 16 members.
(2) The members of the Motor Vehicle Industry Advisory Council are:
(a) the Director-General or a nominee of the Director-General, and
(b) not less than 5, but not more than 15 persons appointed by the Minister and
having, in the opinion of the Minister, expertise appropriate to its functions (as
consumer or industry representatives or otherwise).
(3) Schedule 4A has effect with respect to the members and procedure of the Motor
Vehicle Industry Advisory Council.
25F Functions
(1) The functions of the Motor Vehicle Industry Advisory Council are to furnish advice to
the Minister:
(a) as to any issues relevant to the motor trade as it thinks fit or as are referred to it
by the Minister; and
(b) in particular:
(i) as to the development of policy relating to the motor trade, and
(ii) as to any issues relevant to any legislation administered by the Minister for
Fair Trading and relating to the motor trade, and
(iii) as to education or research programs relating to the motor trade, that are or
might be government funded.
(2) In this section:
motor trade means the industry of trading motor vehicles and the motor vehicle
repair and maintenance industry.
motor vehicle means any motor car, motor carriage, motor cycle or other vehicle
propelled wholly or partly by any volatile spirit, steam, gas, oil or electricity, and
includes a trailer, but does not include:
(a) a vehicle used on a railway or tramway, or
(b) a vehicle that is constructed or adapted otherwise than for the carriage of
passengers or goods over public roads, or
(c) anything prescribed by the regulations for the purposes of this definition.
Schedule 4A Provisions relating to Advisory Councils
1 Chairperson
(1) The Minister may appoint an appointed member of an Advisory Council as its
Chairperson.
(2) An appointment of an appointed member of an Advisory Council as its Chairperson
may be for a specified or unspecified term, but may be revoked at any time by the
Minister in writing for any or no reason.
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Charter NSW Motor Vehicle Industry Advisory Council
(3) Such a revocation of appointment as Chairperson of an Advisory Council does not of
itself affect a person’s tenure of office as an appointed member of the Advisory
Council.
2 Acting members
(1) The Minister may, from time to time, appoint a person to act in the office of an
appointed member of an Advisory Council during the illness or absence of the
member. The person, while so acting, has and may exercise all the functions of the
appointed member and is taken to be an appointed member of the Council.
(2) Subclause (1) extends to the office and functions of Chairperson of an Advisory
Council, but the Minister may instead appoint another appointed member of the
Council to act in the office of Chairperson.
(3) The Minister may remove any person from any office to which the person was
appointed under this clause at any time for any or no reason.
(4) For the purposes of this clause, a vacancy in the office of an appointed member is
taken to be an absence from office of the member.
3 Terms of office
Subject to this Schedule, an appointed member of an Advisory Council holds office for
such period not exceeding 3 years as may be specified in the instrument of appointment
of the member, but is eligible (if otherwise qualified) for re-appointment.
4 Allowances
A member of an Advisory Council is entitled to be paid such allowances as the Minister
from time to time determines in respect of the member.
5 Vacancies
(1) The office of an appointed member of an Advisory Council becomes vacant if the
member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by letter addressed to the Minister, or
(d) is removed by the Minister from office under this clause, or
(e) is absent from 3 consecutive meetings of the Council of which reasonable notice
has been given to the member personally or in the ordinary course of post, except
on leave granted by the Minister or unless, before the expiration of 4 weeks after
the last of those meetings, the member is excused by the Minister for having
been absent from those meetings, or
(f) 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
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an 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.
(2) The Minister may remove an appointed member from office as a member of an
Advisory Council at any time for any or no reason.
6 Filling of vacancy
(1) If the office of an appointed member of an Advisory Council becomes vacant, a
person is, subject to this Act, required to be appointed to fill the vacancy.
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Charter NSW Motor Vehicle Industry Advisory Council
(2) The appointment must be made within 2 months of the office becoming vacant, or
such longer time as the Minister considers appropriate in the circumstances.
7 Disclosure of pecuniary interests
(1) A member of an Advisory Council:
(a) who has a direct or indirect pecuniary interest in a matter being considered or
about to be considered at a meeting of the Council, and
(b) whose interest appears to raise a conflict with the proper performance of the
member’s duties in relation to the consideration of the matter,
must, as soon as possible after the relevant facts have come to the member’s
knowledge, disclose the nature of the interest at a meeting of the Council.
(2) A disclosure by a member of an Advisory Council at a meeting of the Council that
the member:
(a) is a member, or in the employment, of a specified company or other body, or
(b) is a partner, or in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body
or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to the
company or other body or to that person that may arise after the date of the
disclosure and that is required to be disclosed under this clause.
(3) Particulars of any disclosure made under this clause must be recorded by the
members of the Advisory Council in a book to be kept for the purpose and that book
must be open at all reasonable hours to inspection by any person on payment of the
fee determined by the members.
8 Effect of certain other Acts
(1) The Public Sector Management Act 1988 does not apply to the appointment of an
appointed member of an Advisory Council. An appointed member is not, as an
appointed member, subject to that Act.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to devote the whole of
his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that
office,
the provision does not operate to disqualify the person from holding that office and
also the office of a member of an Advisory Council or from accepting and retaining
any remuneration payable to the person under this Act as a member of an Advisory
Council.
(3) The office of appointed member of an Advisory Council is for the purposes of any
Act taken not be an office or place of profit under the Crown.
9 General procedure
The procedure for the calling of meetings of an Advisory Council and the conduct of
those meetings of the Council is, subject to this Act and the regulations and any
directions of the Minister, to be determined by the Council. The Minister may give such
directions for this purpose as the Minister thinks fit.
10 Meetings
An Advisory Council is required to meet 4 times during each calendar year. However, an
Advisory Council may hold additional meetings as approved by the Minister, and is
required to do so as directed by the Minister.
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Charter NSW Motor Vehicle Industry Advisory Council
11 Quorum
The quorum for a meeting of an Advisory Council is a majority of its members for the
time being.
12 Presiding member
(1) A meeting of an Advisory Council is to be chaired by:
(a) the Chairperson of the Council, or
(b) in the absence of the Chairperson (including a person appointed under clause 2
to act as Chairperson), another appointed member of the Council elected to chair
the meeting by a majority of the members of the Council present.
(2) The member chairing any meeting of an Advisory Council has a deliberative vote
and, in the event of an equality of votes, has a second or casting vote.
13 Voting
A decision supported by a majority of the votes cast at a meeting of an Advisory Council
at which a quorum is present is the decision of the Council.
14 Transaction of business outside meetings or by telephone or other means
(1) An Advisory Council may, if it thinks fit, transact any of its business by the circulation
of papers among all the members of the Council for the time being. A resolution in
writing approved by a majority of those members is taken to be a decision of the
Council.
(2) An Advisory Council may, if it thinks fit, transact any of its business at a meeting at
which members (or some members) participate by telephone, close-circuit television
or other means, but only if any member who speaks on a matter before the meeting
can be heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they have at an
ordinary meeting of the Council.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be
recorded in the minutes of the meetings of the Advisory Council.
(5) Papers may be circulated among members for the purposes of subclause (1) by
facsimile or other transmission of the information in the papers concerned.
15 Minutes
(1) An Advisory Council must cause full and accurate minutes to be kept of the
proceedings of each meeting of the Council.
(2) The Advisory Council is to cause a copy of the minutes of each meeting to be
forwarded to the Minister within 21 days after the meeting.
16 First meeting
The first meeting of an Advisory Council is to be called in such manner as the Minister
determines.
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Charter NSW Motor Vehicle Industry Advisory Council
Appendix A
Motor Vehicle Industry Advisory Council Members
Mr James McCall (Chairperson);
Commissioner for Fair Trading (or nominee);
Mr Louis Amato;
Mr Peter Blanshard;
Mr Roy Briggs;
Mr Peter Goudie;
Mr Jack Haley;
Ms Deborah Joyce;
Mr Colin Long;
Mr Geoffrey Lowe;
Mr Grahame McCraw;
Mr Anthony McDonald;
Ms Vicki Mullen; and
Mr Paul van der Weegen.
© State of New South Wales through NSW Fair Trading, 2013
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