Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 6]
[Heading amended by No. 19 of 2010
s. 4.]
(1) Except as
otherwise provided by this Act, a member shall hold office for such term, not
exceeding 3 years, as is specified in his instrument of appointment, but
may from time to time be reappointed.
(2) A member, unless
he sooner resigns or is removed from office, shall continue in office until
his successor comes into office, notwithstanding that the term for which he
was appointed may have expired.
(1) A member may
resign his office by notice in writing delivered to the Minister.
(2) A member may be
removed from office at any time by the Governor —
(a) for
mental or physical disability, incompetence, neglect of duty or misconduct
proved to the satisfaction of the Governor; or
(b) if
he is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws; or
(c) if
he is absent without leave of the Authority from 3 consecutive meetings
of the Authority of which he has had notice.
(3) If a member dies
or resigns or is removed from office the vacancy shall be deemed to be an
extraordinary vacancy.
(4) In the case of an
extraordinary vacancy in any office, the Governor may appoint a person to be a
member for the residue of the term of the former holder of that office, and
shall do so on the nomination of the same person or body as nominated such
former holder of the office.
[Clause 2 amended by No. 18 of 2009
s. 9.]
(1) Where a member is
unable to act by reason of sickness, absence or other cause the Minister may
appoint another person to act temporarily in his place, and while so acting
according to the tenor of his appointment that other person is deemed to be a
member of the Authority.
(2) An appointment of
a temporary member under subclause (1) shall be made on the nomination of
the same person or body as nominated the member whose inability to act gives
rise to the appointment.
(3) No act or omission
of a temporary member shall be questioned on the ground that the occasion for
his appointment or acting had not arisen or had ceased.
4 . Chairman and deputy chairman
(1) The Governor shall
appoint a member of the Authority to be the chairman and another member to be
deputy chairman of the Authority.
(2) The office of
chairman or deputy chairman becomes vacant if —
(a) the
person holding the office resigns the office by notice in writing to the
Minister;
(b) the
person holding the office ceases to be a member of the Authority; or
(c) the
Minister declares the office to be vacant.
(3) During any vacancy
in the office of chairman or if he is unable to act by reason of sickness,
absence or other cause, the deputy chairman shall have and perform the powers,
functions and duties of the chairman.
(4) No act or omission
of the deputy chairman acting as the chairman shall be questioned on the
ground that the occasion for his so acting had not arisen or had ceased.
(1) The first meeting
of the Authority shall be convened by the chairman and thereafter, subject to
subclause (2), meetings shall be held at such times and places as the
Authority determines.
(2) A special meeting
of the Authority may at any time be convened by the chairman.
(3) The chairman shall
preside at all meetings of the Authority at which he is present.
(4) If the chairman is
absent from a meeting —
(a) the
deputy chairman shall preside if he is present; or
(b) the
members present shall appoint one of their number to preside if the deputy
chairman is not present.
(5) A quorum for a
meeting of the Authority is 4 members.
(6) At any meeting of
the Authority the chairman or other person presiding shall have a deliberative
vote, and in the case of an equality of votes shall also have a casting vote.
(1) The Authority may
from time to time appoint committees of such members or such members and other
persons, as it thinks fit and may discharge, alter, continue or reconstitute
any committee so appointed.
(2) Subject to the
directions of the Authority and to the terms of any delegation under
section 11, each committee may determine its own procedures.
7 . Resolution may be passed without meeting
A resolution in
writing signed or assented to by letter or telegram by each member (which
includes a temporary member acting for a member) shall be a valid and
effectual as if it had been passed at a meeting of the Authority.
The Authority may
grant Leave of absence to a member on such terms and conditions as the
Authority thinks fit.
9 . Authority to determine own procedures
Subject to this Act,
the Authority shall determine its own procedures.