Thorny:
Word on the street is, its long been decided, the iron ring wins I'm told.
Leady:
There are, reputedly ( what a great CYA word) three serious candidates so far, but I seriously expect the "successful" candidate will be the one judged to be the least likely to cause the Minister any problems, by actually wanting to carry out genuine reforms, and a serious restructure of CASA staff, particularly upper levels of management.
Well I guess this is a rumour network but are you blokes just jumping at shadows?? And in terms of the iron ring & the former board, did you really think they'd roll over and cop the pineapple (& embarrassment)??
One of the things that perplexed me was when McComic got the bullet there was not one peep from the miniscule's office, nor one iota of recognition of the former board's bull****e statement...
If you think about it, from a political perspective, potentially with 260 odd (mostly critical) submissions of FF addressed to the WLR panel (by default the miniscule), for the miniscule to do anything else would be to tempt future political suicide, especially with Barnaby patiently waiting in the wings.
From the amended Act:
74 Appointment
(1) The Director is to be appointed by the Board by written instrument, on a full‑time basis.
Note: The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) Before appointing the Director, the Board must consult the Minister.
(3) A Board member is not eligible for appointment as the Director.
(4) The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person’s appointment.
Sure the board takes the vote on the DAS position, but which board will that be, the old one or the new one?? Or to put that another way the old Act or the amended Act??
52 Membership
(1) The Board consists of:
(a) the Director; and
(b) up to 4 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
52 Membership
(1) The Board consists of:
(a) the Director; and
(b) up to 6 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
TB:
Already the Ag people have been served notice I'm told, via the CAsA board, retract their criticism or face the wrath of CAsA.
Also from the Act (my bold)
(2) The Minister may terminate the appointment of a Board member if:
(a) the Board member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Board member:
(i) engages in paid employment that the Minister thinks is in conflict with the proper performance of the member’s duties; or
(ii) is absent, except on leave of absence granted under section 57, from 3 consecutive meetings of the Board; or
(c) the Minister thinks that the performance of the Board member has been unsatisfactory for a significant period of time; or
(d) the Board member fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 27F or 27J of the Commonwealth Authorities and Companies Act 1997.
27F of the CAC Act:
COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 27F
Material personal interest--director's duty to disclose Director's duty to notify other
directors of material personal interest when conflict arises
(1) A
director of a
Commonwealth authority who has a material personal interest in a matter that relates to the affairs of the authority must give the other
directors notice of the interest unless subsection (2) says otherwise.
Penalty: 10 penalty units.
(1A) For an offence based on subsection (1), strict liability applies to the circumstance that the
director of the authority has a material personal interest in a matter that relates to the affairs of the authority.
Note: For strict liability, see section 6.1 of the
Criminal Code .
(2) The
director does not need to give notice of an interest under subsection (1) if:
(a) the interest:
(i) arises in relation to the
director's remuneration as a
director of the authority; or
(ii) relates to a contract that insures, or would insure, the
director against liabilities the
director incurs as an
officer of the authority (but only if the contract does not make the authority or a
subsidiary of the authority the insurer); or
(iii) relates to any payment by the authority or a
subsidiary of the authority in respect of an indemnity permitted under section 27M or any contract relating to such an indemnity; or
(iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a
subsidiary of the authority and arises merely because the
director is a
director of the
subsidiary; or
(b) all the following conditions are satisfied:
(i) the
director has already given notice of the nature and extent of the interest and its relation to the affairs of the authority under subsection (1);
(ii) if a person who was not a
director of the authority at the time when the notice under subsection (1) was given is appointed as a
director of the authority--the notice is given to that person;
(iii) the nature or extent of the interest has not materially increased above that disclosed in the notice; or
(c) the
director has given a standing notice of the nature and extent of the interest under section 27G and the notice is still effective in relation to the interest.
(3) The notice required by subsection (1) must:
(a) give details of:
(i) the nature and extent of the interest; and
(ii) the relation of the interest to the affairs of the authority; and
(b) be given at a
directors' meeting as soon as practicable after the
director becomes aware of his or her interest in the matter.
The details must be recorded in the minutes of the meeting.
Effect of contravention by
director
(4) A contravention of this section by a
director does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.
And 27J:
COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 27J
Restrictions on voting
Restrictions on voting and being present
(1) A director of a Commonwealth authority who has a material personal interest in a matter that is being considered at a directors' meeting must not:
(a) be present while the matter is being considered at the meeting; or
(b) vote on the matter.
Penalty: 5 penalty units.
(1A) Subsection (1) does not apply if:
(a) subsection (2) or (3) allows the director to be present; or
(b) the interest does not need to be disclosed under section 27F.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code .
(1B) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Participation with approval of other directors
(2) The director may be present and vote if directors who do not have a material personal interest in the matter have passed a resolution that:
(a) identifies the director, the nature and extent of the director's interest in the matter and its relation to the affairs of the authority; and
(b) states that those directors are satisfied that the interest should not disqualify the director from voting or being present.
Participation with Ministerial approval
(3) The director may be present and vote if they are so entitled under a declaration or order made by the responsible Minister under section 27K.
Effect of contravention by director
(4) A contravention by a director of:
(a) this section; or
(b) a condition attached to a declaration or order made by the responsible Minister under section 27K;
does not affect the validity of any resolution.
The AAAA submission may have been somewhat more passionate and strongly worded than some of the publicly available submissions but did it actually step outside the realms of reality, the reality that is the true regulatory environment that is currently destroying the whole GA sector of the Oz industry. People may have points of difference with the AAAA submission but on the whole IMO it did pointedly grasp the crux of the current embuggerance, by the regulator, of the industry.
Although Creamy quite often mocks the Coalition policy on extending the numbers of the board, this policy is all but been enacted. It would be a suicidal Minister that would then allow the old board (with an obvious axe to grind) to carry out a personal vendetta against a submitter to a policy (the WLR) that his party & current govt had instigated.
However if that does indeed happen then I suggest we start discussing some of those
REVOLTING ideas floating around...260+ submissions probably represent a very large majority of the industry don't you think..
Link for the amended Act:
Civil Aviation Act 1988, No. 63, 1988 as amended
Compilation start date: 9 April 2014
Includes amendments up to: Act No. 27, 2014