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Part VII--Privacy Advisory Committee


81 Interpretation

In this Part, unless the contrary intention appears:

Advisory Committee means the Privacy Advisory Committee established by subsection 82(1).

member means a member of the Advisory Committee.

82 Establishment and membership

(1) A Privacy Advisory Committee is established.

(2) The Advisory Committee shall consist of:

(a) the Commissioner; and

(b) not more than 6 other members.

(3) A member other than the Commissioner:

(a) shall be appointed by the Governor-General; and

(b) shall be appointed as a part-time member.

(4) An appointed member holds office, subject to this Act, for such period, not exceeding 5 years, as is specified in the instrument of the member's appointment, but is eligible for re-appointment.

(5) The Commissioner shall be convenor of the Committee.

(6) The Governor-General shall so exercise the power of appointment conferred by subsection (3) that a majority of the appointed members are persons who are neither officers nor employees, nor members of the staff of an authority or instrumentality, of the Commonwealth.

(7) Of the appointed members:

(a) at least one shall be a person who has had at least 5 years' experience at a high level in industry, commerce, public administration or the service of a government or an authority of a government;

(b) at least one shall be a person who has had at least 5 years' experience in the trade union movement;

(c) at least one shall be a person who has had extensive experience in electronic data-processing;

(d) at least one shall be appointed to represent general community interests, including interests relating to social welfare; and

(e) at least one shall be a person who has had extensive experience in the promotion of civil liberties.

(8) A person who has reached 65 years shall not be appointed as a member.

(9) A person shall not be appointed as a member for a period that extends beyond the time at which the person will reach 65 years.

(10) An appointed member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined, in writing, by the Governor-General.

(11) The performance of a function of the Advisory Committee is not affected because of a vacancy or vacancies in the membership of the Advisory Committee.

83 Functions

The functions of the Advisory Committee are:

(a) on its own initiative, or when requested by the Commissioner, to advise the Commissioner on matters relevant to his or her functions;

(b) to recommend material to the Commissioner for inclusion in guidelines to be issued by the Commissioner pursuant to his or her functions; and

(c) subject to any direction given by the Commissioner, to engage in and promote community education, and community consultation, in relation to the protection of individual privacy.

84 Leave of absence

The convenor may, on such terms and conditions as the convenor thinks fit, grant to another member leave to be absent from a meeting of the Advisory Committee.

85 Removal and resignation of members

(1) The Governor-General may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.

(2) The Governor-General shall terminate the appointment of an appointed member if the member:

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit;

(b) fails, without reasonable excuse, to comply with the member's obligations under section 86; or

(c) is absent, without the leave of the convenor, from 3 consecutive meetings of the Advisory Committee.

(3) An appointed member may resign from office by delivering a signed notice of resignation to the Governor-General.

86 Disclosure of interests of members

(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Advisory Committee, being an interest that could conflict with the proper performance of that member's functions in relation to the consideration of the matter, shall, as soon as practicable after the relevant facts have come to the knowledge of that member, disclose the nature of that interest at a meeting of the Advisory Committee.

(2) A disclosure under subsection (1) at a meeting of the Advisory Committee shall be recorded in the minutes of the meeting.

87 Meetings of Advisory Committee

(1) The convenor may convene such meetings of the Advisory Committee as the convenor considers necessary for the performance of the Committee's functions.

(2) Meetings of the Advisory Committee shall be held at such places and at such times as the convenor determines.

(3) The convenor shall preside at all meetings of the Advisory Committee at which the convenor is present.

(4) If, at a meeting of the Advisory Committee, the convenor is not present, the members who are present shall elect one of their number to preside at the meeting.

(5) At a meeting of the Advisory Committee:

(a) 3 members constitute a quorum;

(b) all questions shall be decided by a majority of votes of the members present and voting; and

(c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(6) The Advisory Committee shall keep a record of its proceedings.

88 Travel allowance

An appointed member is entitled to be paid travelling allowance in accordance with the regulations.


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