Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 29]
[Heading amended by No. 5 of 1997
s. 38(1); No. 35 of 2000 s. 49(2); No. 19 of 2010 s. 4.]
(1) Except as
otherwise provided by this Act a member shall hold office for such term, being
not more than 3 years, as is specified in his instrument of appointment,
but he 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.
[Clause 1 amended by No. 35 of 2000
s. 49(3) and (4); No. 19 of 2010 s. 51.]
The office of a member
becomes vacant if —
(a) he
resigns his office by written notice addressed to the Minister; or
(b) he
is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws; or
(c) he
is removed from office by the Governor on the grounds of neglect of duty,
misbehaviour, incompetence or mental or physical incapacity impairing the
performance of his duties.
[Clause 2 amended by No. 73 of 1995
s. 188; No. 35 of 2000 s. 49(5); No. 18 of 2009
s. 19; No. 19 of 2010 s. 51.]
3 . Acting chairman and members
(1) Where the chairman
and the deputy chairman of a controlling body are both unable to act as
chairman by reason of sickness, absence or other cause, the Minister may
appoint a person (including a person acting under subclause (2)) to act
as chairman, and while so acting according to the tenor of his appointment
that person has all the functions of the chairman.
(2) Where a member is
unable to act by reason of sickness, absence or other cause, the Minister may
appoint another person to act in his place, and while so acting according to
the tenor of his appointment that other person is deemed to be a member.
[(3) deleted]
(4) No act or omission
of a person acting in place of another under this clause shall be questioned
on the ground that the occasion for his appointment or acting had not arisen
or had ceased.
(5) The appointment of
a person as an acting member or an acting chairman may be terminated at any
time by the Minister.
[Clause 3 amended by No. 5 of 1997
s. 38(2); No. 35 of 2000 s. 49(6)-(8); No. 19 of 2010
s. 51.]
(1) The first meeting
of a controlling body shall be convened by the chairman of that body and
thereafter, subject to subclause (2), meetings shall be held at such
times and places as the body determines.
(2) A special meeting
of a controlling body may at any time be convened by —
(a) the
chairman; or
(b) any
4 members.
(3) At a meeting of a
controlling body the chairman, the deputy chairman or the person appointed
under clause 3(1) shall preside, but where all of those members are
absent from a meeting the members of that body present shall appoint one of
their number to preside at that meeting.
(4) At any meeting of
a controlling body —
(a) a
majority of the members constitute a quorum; and
(b) each
member present is entitled to a deliberative vote on any question, and if
there is an equality of votes the question shall be taken to have been
answered in the negative.
(5) A controlling body
shall cause accurate minutes to be kept of the proceedings at its meetings.
[Clause 4 amended by No. 5 of 1997
s. 38(4) and (5); No. 35 of 2000 s. 49(9)-(11); No. 19 of
2010 s. 51.]
(1) A controlling body
may from time to time, by resolution, appoint committees of such members as it
thinks fit and may discharge, alter, continue or reconstitute any committee so
appointed.
(2) Subject to the
directions of a controlling body each committee may determine its own
procedures.
[Clause 5 amended by No. 19 of 2010
s. 51.]
5A . Temporary advisory committees
(1) The Conservation
Commission may from time to time, by resolution, appoint temporary advisory
committees of such persons as it thinks fit to advise it on matters relevant
to its functions.
(1a) The Marine
Authority may from time to time, by resolution, appoint temporary advisory
committees of such persons as it thinks fit to advise it on matters relevant
to its functions, other than matters which fall within the functions of the
Marine Committee.
(2) A resolution
appointing a committee under subclause (1) or (1a) shall set the terms of
reference, membership, reporting requirements and term of operation of the
committee.
(3) Subject to the
directions of the Conservation Commission or Marine Authority, as the case
requires, such a committee may determine its own procedures.
[Clause 5A inserted by No. 5 of 1997
s. 38(6); amended by No. 35 of 2000 s. 49(12)-(15); No. 19
of 2010 s. 51.]
6 . Resolutions without meeting
A resolution in
writing signed or assented to by letter, telegram or telex by each member
shall be as valid and effectual as if it had been passed at a meeting of a
controlling body.
[Clause 6 amended by No. 19 of 2010
s. 51.]
7 . Member may be granted leave
A controlling body may
grant leave of absence to a member on such terms and conditions as it thinks
fit.
[Clause 7 amended by No. 19 of 2010
s. 51.]
8 . Controlling body to determine own procedure
Subject to this Act, a
controlling body shall determine its own procedures.
[Clause 8 amended by No. 19 of 2010
s. 51.]
