Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 6(4)]
[Heading amended by No. 19 of 2010 s. 12(9).]
1. Oath or affirmation of allegiance and office
Before acting in the
office of member of the commission, a member must take the oath or affirmation
of allegiance, and must make the declaration, set out in the Fourth Schedule
to the principal Act before a justice of the peace.
2. Application of principal Act, Part IV,
Division 2
(1) Subject to this
clause, Division 2 of Part IV of the principal Act does not apply to or
in relation to the members of the commission.
(2) Section 67
(other than subsection (1)(f)) and section 71 of the principal Act
apply to or in relation to members of the commission.
(3) A person is not
disqualified under section 67(1)(d) or (e) of the principal Act from
being a member of the commission by reason only that he or she is entitled to
remuneration and allowances under clause 3.
3. Remuneration and allowances
(1) A member of the
commission is entitled to such remuneration and allowances as the Minister
determines from time to time.
(2) Before division
day, the remuneration and allowances are to be paid out of the municipal fund
of the City of Perth.
(3) On and after
division day 40% of the remuneration and allowances is to be paid out of the
municipal fund of the City of Perth and 20% of them is to be paid out of the
municipal fund of each of the new towns.
(1) At a meeting of
the commission —
(a) the
chairperson, or in his or her absence the deputy chairperson, is to preside;
or
(b) in
the absence of both of those members, a member elected by the members present
is to preside.
(2) At least 3 members
of the commission constitute a quorum.
(3) At a meeting of
the commission —
(a) each
member has one vote;
(b) a
question is to be determined by a majority of the members present and voting;
and
(c) if
the votes are equal the question is to be taken to have been determined in the
negative.
(4)
Section 174(3) of the principal Act does not apply to an interest that a
member of the commission has in a question relating to the remuneration or
allowances payable under clause 3.
5. Quarterly report to Minister
(1) The commission is
to report quarterly to the Minister about the performance of its functions,
the first such report to be given to the Minister on or before
31 December 1993.
(2) The Minister is to
cause each report to be laid before each House of Parliament on the next
sitting day of that House after the Minister receives it.
(3) If because a House
of Parliament is not sitting, a report can not be laid before that House
within 7 days after the Minister receives it, the Minister, within that
time, is to —
(a) give
a copy of the report to the Clerk of that House; and
(b)
cause the report to be printed and made available to the public.
(4) A copy of the
report given to the Clerk of a House under subsection (3) is to be laid
before that House on its next sitting day.
The position of a
member of the commission becomes vacant if —
(a) the
Governor receives the written resignation of a member;
(b) the
member is absent, without leave and without reasonable excuse, from 3
consecutive meetings of the commission of which the member has had notice;
(c)
under section 67 of the principal Act (other than section 67(1)(f))
the member is disqualified from being elected or acting as mayor, president or
councillor of a municipality; or
(d) the
Governor terminates the member’s appointment.
If a position of a
member of the commission becomes vacant the Governor may appoint a person to
fill the vacancy.
[Schedules 6 and 7 omitted under the Reprints Act 1984 s. 7(4)(e).]