PART II-THE PART II-THE STATE ELECTRICITY COMMISSION OF QUEENSLAND Division I-Consiitzition of Conzmission
90. Governor iil Council may rescind resolution of Generating Board. (I) The Governor in Council may at any time suspend or
rescind any resolution or order of the Generating Board, or prohibit the expenditure of moneys upon a work which he deems unnecessary or which will in his opinion impose undue burdens upon any Electricity Authority supplied by the Generating Board with electricity in bulk or upon consumers of electricity.
(2) Any resolution of the Generating Board rescinded by the Governor in Council shall be void ab initio unless the Governor in Council specifies some later date, in which case the resolution concerned shall be void on and from such specified date.
(3). In any case where a resolution so rescinded empowers or authorizes or purports to empower or authorize the making for or on behalf of the Generating Board of any contract or agreement or the acceptance by or on behalf of the Generating Board of any tender or the doing or executing by or on behalf of the Generating Board of any other act, matter or thing whatsoever, any such contract or agreement made or purporting to have been made or any such tender accepted or purporting to have been accepted or any such other act, matter or thing done or purportii~g to have been done in pursuance of such resolution shall be void ab iiritio.
(4) When in pursuance of this section any contract or agreement made by or on behalf of the Generating Board or any acceptance of a tender by or on behalf of the Cenerating Board or any other act, matter or thing whatsoever done by or on behalf of the Cenerating Board is void ab initio, no action, claim or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against the Generating Board or any member or employee of the Generating Board for or in respect of any damage or loss or injury sustained or alleged to have been sustained or for or in respect of any other right or remedy whatsoever conferred or alleged to have been conferred by reason of the making of the contract or agreement concerned, the acceptance of the tender concerned or, as the case may be, the doing of any other act, matter or thing concerned.
(5) If the Governor in Council when rescinding a resolution of the Cenerating Board specifies that such resolution shall not be void ab initio but shall be void from some later date, such rescission shall not void any such contract or agreement, acceptance of a tender, or other act, matter or thing as aforesaid made, accepted or, as the case may be, done prior t o such later date.
(6) If any contractor whose contract with the Generating Board becomes void ab initio under and in pursuance of this section a t any time satisfies the Governor in Council that such contract was bona fide and that prior t o the date of the rescission by the Governor in Council of the resolution authorizing the same, he incurred expenses in or for the purposes of the execution, performance or carrying out of such contract, then the Governor in Council may direct the Generating Board to pay, and thereupoil the Generating Board shall pay, the amount of such expenses t o such contractor; and any amount so directed to be paid shall constitute a debt due and owing by the Generating Board to the contractor concerned.
91. Dissolution of Generating Board. (1) Notwithstanding anything in this Act contained, the Governor in Council may, in his absolute discretion by Order in Couilcil a t any time, if in his opinion circumstances have arisen rendering it necessary so to do, dissolve the Generating Board.
(2) Upon and by virtue of any such dissolution-
(a) the General Manager shall cease to be the chairman and a member of the Board but such dissolution shall not affect his office as the General Manager of the Board; and (b) the other members of the Board shall go out of office.
(3) The Governor in Council may by the same or a subsequent Order in Cou~lcil appoint the Commission to carry on, for such period as may be specified therein, such of the functions of the Board and to exercise, perform and be subject to such of its powers, duties, authorities and responsibilities as may be specified in the said Order in Council; and for this purpose the Commission shall be deemed to be the Board and may exercise all of the powers thereof.
(4) The Governor in Council may in the Order in Council dissolving the Board or in a subsequent Order in Council appoint fresh menlbers in the place of the appointed members of the Board who went out of ofice upon its dissolution and all of the provisions of this Act relating t o the appointment and tenure of office of the appointed members of the Board shall apply and extend accordingly.
(5) Upon such fiesh appointment of members, the General Manager of the Board shall be a member ex oficio and shall, without further or other appointment, become and be also its chairman, and the Commissioner and the Under Treasurer shall be members of the Board ex oficio.
92. Disqaaalifics~tion of member of Board from voting. (1) If a member of the Generating Board has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Board at which the contract or proposed contract or other matter is the subject for consideration, he shall at the meeting, as soon as practicable after the commence~nent thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any questiori with respect to, the contract or proposed contract or other matter :
Provided that this section shall not apply to an interest in a contract or proposcd contract or other matter that a member may have as an inhabitant of the area of supply of an Electricity Authority as an ordinary user or consumer of electricity, or to an interest in any matter relating t o the terms on which the right to participate in any service including the supply of goods is offered for general use or consumption.
(2) For the purposes of this section, a person shall (subject as hereinafter in this subsection provided) be treated as having indirectly a pecuniary interest in a contract or proposed contract or other matter if-
(a) he or any nominee of his is a member of a company or other body with which the contract is made or is. proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or
(17) he is a partner or is in tlie employment of a person with whom
the contract is made or is proposed to be made, or who has direct pecuniary interest in the other matter under consideration :
60 S. 93 E L n I C I T Y ACT 1976-1980 Provided that-
(i) this slnbsection shall not apply to membership of or employment under any public body;
(ii) a member of a company or other body shall not by reason only of his membership be treated as being so interested if- (A) he has no beneficial interest in any shares or stock of that
company or other body;
(B) his membership of that company or other body corisists only in his holding shares or stock of that company or other body, that company or other body consists of 50 persons at the least, and he is not a director of, and does not directly participate in the management of, that company or other body.
(3) In the case of married persons living together, the interest of one spouse shall if known to the other be deemed for the purposes of this section to be also an interest of that other spouse.
(4) A general notice given in writing to the secretary of the Board by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.
(5) The secretary of the Board shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1) and of any notice given under subsection (4), and the book shall be open at all reasonable hours to the inspection of any member of the Board.
(6) The Minister, with respect to a member of the Board, may, subject to such conditions as the Minister may think fit to impose, remove any disability imposed by this section in any case in which the number of members of the Board so disabled at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Minister that it is in the interests of the consumers of electricity supplied by the Board that the disability should be removed.
(7) The Board may by resolution provide for the exclusion of a member of the Board from a meeting of the Board whilst any contract, proposed contract or other matter in which he has such an interest as aforesaid is under consideration.
93. Insurance of members of tbe Generating Board. ( I ) The