Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts5. Before section 13 of the Principal Act the following Division is inserted in Part II:
“12A. For the purposes of this Act the Liquor Licensing Board is established by this section.
“12B. The functions of the Board are—
(a) to consider and determine applications or other matters referred to it under this Act;
(b) to conduct inquiries, including hearings, in relation to applications or other matters referred to it under this Act;
(c) to advise the Minister, as required, on matters of policy and administration; and
(d) to perform such other functions and duties as are conferred on it by or under this Act or another Act.
“12C. The Board shall consist of—
(a) a Chairperson appointed by the Minister;
(b) the person for the time being holding the office of Registrar; and
(c) 1 other person appointed by the Minister.
“12D. (1) The Minister shall not appoint a person to be the Chairperson unless the person has been enrolled as a legal practitioner (however described) of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.
“(2) A member other than the Registrar—
(a) shall be appointed in writing; and
(b) holds office for such period (not exceeding 5 years) as is specified in the instrument of appointment, but is eligible for re-appointment.
“(3) A member holds office on a part-time basis.
“(4) The appointment of a member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with the appointment of the member.
“12E. (1) The Minister may appoint a person to act as the Chairperson of the Board—
(a) during a vacancy in the office of the Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period or during all periods when the Chairperson is absent from duty or from the Territory or is, for any reason, unable to perform the duties of the office.
“(2) A person shall not be appointed to act in the office of Chairperson unless the person is legally qualified in accordance with subsection 12D (1).
“(3) The Minister may appoint a person to act as a member, other than the Chairperson or the Registrar—
(a) during a vacancy in the office of the member, whether or not an appointment has previously been made to the office; or
(b) during any period or during all periods when the member is absent from duty or from the Territory or is, for any reason, unable to perform the duties of the office.
“(4) Anything done by or in relation to a person purporting to act under subsection (1) or (3) is not invalid on the ground that—
(a) the occasion for the person's appointment had not arisen;
(b) there is a defect or irregularity in connection with the person's appointment;
(c) the person's appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
“(5) Notwithstanding subsections (1) and (3), where—
(a) a person is appointed to act in the office of a member; and
(b) the holder of that office resumes duties;
the person referred to in paragraph (a) may, with the consent of the Minister, continue to act as a member for the purpose of enabling the Board to deal with any matters part heard or reserved for decision during a period when that person was so acting.
“12F. (1) An appointed member of the Board shall be paid such remuneration and allowances as are determined by the Minister by instrument in writing.
“(2) Subsection (1) does not apply—
(a) in relation to remuneration if there is a subsisting determination relating to the remuneration to be paid to the member; or
(b) in relation to an allowance of a particular kind if there is a subsisting determination relating to an allowance of that kind to be paid to the member.
“(3) An instrument referred to in subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .
“(4) In subsection (2)—
“12G. The Minister may grant leave of absence to a member of the Board on such terms and conditions as the Minister considers appropriate.
“12H. An appointed member of the Board may resign his or her office by written notice delivered to the Minister.
“12J. (1) A member who has or acquires any interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Board shall, 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 Board.
“(2) A disclosure shall be noted in the record of the meeting and, except with the consent of all the parties to the matter before the Board, the member shall not—
(a) be present during any deliberation of the Board with respect to that matter; or
(b) take part in any decision of the Board with respect to that matter.
“12K. (1) The Minister may terminate the appointment of an appointed member of the Board for misbehaviour or physical or mental incapacity.
“(2) If an appointed member—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors;
(b) is absent, except on leave granted under section 12G, from 2 consecutive meetings of the Board;
(c) fails, without reasonable excuse, to comply with an obligation imposed by section 12J; or
(d) is convicted, in Australia or elsewhere, of an offence punishable by imprisonment for 1 year or longer;
the Minister shall, by written notice served on the member, terminate the appointment of the member.
“12L. (1) The Chairperson of the Board shall convene such meetings of the Board as the Chairperson considers necessary for the efficient performance of its functions.
“(2) Where the Chairperson proposes to convene a meeting of the Board, the Chairperson shall, not later than 7 days before the date of the proposed meeting, give each member of the Board a notice in writing specifying—
(a) the date, time and place of the meeting; and
(b) the matters to be considered at the meeting.
“(3) Notwithstanding subsection (2), a meeting of the Board may be convened by prior consultation and agreement between the members.
“12M. (1) The Chairperson shall preside at all meetings of the Board.
“(2) The presence of all members constitutes a quorum at a meeting except as provided in subsection (3).
“(3) If a member ceases to be available for a meeting of the Board in relation to a matter, the 2 remaining members may continue to deal with that matter subject to the agreement of all the parties to the matter before the Board.
“(4) If the Chairperson is unavailable in circumstances referred to in subsection (3) the Registrar shall preside at the meeting.
“(5) Matters arising for decision at a meeting of the Board shall be determined by a majority of votes of members present and voting.
“(6) The member presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
“(7) Subject to this Act, a member presiding at a meeting of the Board may determine the procedure to be followed at or in connection with the meeting.
“(8) The Board shall keep a record in writing of its proceedings.”.