Western Australian Consolidated Acts

FISHERIES ADJUSTMENT SCHEMES ACT 1987 - SCHEDULE 1

[s. 12]

        [Heading amended by No. 19 of 2010 s. 4.]

1 .         Vacating office

                The office of a member becomes vacant if —

            (a)         he resigns his office in writing signed by him and delivered 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 the office by written notice signed by the Minister and delivered to the member; or

            (d)         he is absent, except on leave granted by the committee, from 3 consecutive meetings of the committee of which he has had notice.

        [Clause 1 amended by No. 18 of 2009 s. 37.]

2 .         Acting member

        (1)         Where a member of a committee is unable to act, by reason of sickness or absence, the Minister may appoint another person to be an acting member during the inability of that member and while so acting the person so appointed shall have all the functions of and be deemed to be a member.

        (2)         The Minister may terminate the appointment of an acting member at any time.

        (3)         No act or omission of a person acting as a member shall be questioned on the ground that the occasion for his appointment or acting had not arisen or had ceased.

3 .         Casual vacancy

                On the occurrence of a vacancy in the office of member, the Minister shall appoint a person to be a member who is eligible under the instrument establishing the committee to be appointed to that office.

4 .         Meetings

        (1)         Meetings of a committee shall be held at such times and places as the committee decides or as determined by the chairman.

        (2)         The chairman shall preside at all meetings of the committee at which he is present and in his absence the members present shall appoint one of their number to preside.

        (3)         A quorum for a meeting of a committee is 3 members.

        (4)         A question arising at a meeting of a committee shall be determined by a majority of the votes of the members present and if the members are equally divided on any question, that question shall be deemed to be determined in the negative.

        (5)         The committee shall cause accurate minutes to be kept of the proceedings at its meetings.

5 .         Resolution may be passed without meeting

                A resolution in writing signed or assented to by letter, telegram, telex, facsimile transmission, email or other similar means by each member shall be as valid and effectual as if it had been passed at a meeting of the committee.

        [Clause 5 amended by No. 38 of 2009 s. 11.]

6 .         Leave of absence

                The committee may grant leave of absence to a member on such terms and conditions as the committee thinks fit.

7 .         Committee to determine own procedures

                Subject to this Act, a committee shall determine its own procedures.

8 .         Pecuniary interests, disclosure of

        (1)         A member who as a direct or indirect pecuniary interest —

            (a)         in a matter that is being considered, or is about to be considered, at a meeting of the committee; or

            (b)         in a thing being done or about to be done by the committee,

                shall, 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 committee.

        (2)         A disclosure by a member at a meeting of the committee that the member —

            (a)         is a member, or is in the employment, of a specified company or other body; or

            (b)         is a partner, or is in the employment, of a specified person; or

            (c)         has some other specified interest relating to a specified company or other body or a specified person,

                shall be deemed to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that Company or other body or that person which may arise after the date of the disclosure.

        (3)         After a member has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the member shall not, unless the Minister otherwise determines —

            (a)         be present during any deliberation of the committee, or take part in any decision of the committee, with respect to that matter; or

            (b)         exercise any functions under this Act or the Compensation Act with respect to that thing,

                as the case may require.

        [Clause 8 amended by No. 39 of 1997 s. 14.]