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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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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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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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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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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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 


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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(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 


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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(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 


(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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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 


(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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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 

You may freely copy, distribute, display or download this information with some important 

restrictions. See NSW Fair Trading’s copyright policy at www.fairtrading.nsw.gov.au or email 

publications@services.nsw.gov.au 

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