Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The
General Assembly shall elect (as hereinafter provided) 8 persons
whose qualification for such election shall be the holding by each of said
persons of the office of either a Minister or an Elder of said Church, and so
that the Moderator and such 8 persons when so elected, or the persons
from time to time elected in place of them respectively, as hereinafter
provided, shall constitute the Commissioners in accordance with
section 4.
(2) The said
8 persons or their successors shall be elected by the General Assembly by
either a vote by a show of hands, or by ballot or otherwise as may be
determined by the General Assembly from time to time.
(3) Subject to
subsections (3A) to (3D), the persons elected as Commissioners shall hold
office for the period of 4 years, so that 2 of such persons shall
retire in rotation each year.
(3A) In the case of
the first 8 persons to be elected as aforesaid, the General Assembly
shall determine the period for which each of such persons shall hold office,
and date or retirement by them respectively, and so that 2 of such
persons shall retire during each of the first, second, third, and fourth years
from the date of their election.
(3B) In the case of
person subsequently elected as aforesaid, other than persons elected to fill a
casual vacancy, such persons shall be elected for a period of 4 years
from date of their respective election.
(3C) All persons
elected as aforesaid shall, subject to the provisions of subsections (5)
and (6), hold office until the appointment of their successors,
notwithstanding the provisions hereof.
(3D) Every person so
elected and subject to retirement as aforesaid shall be eligible for
re-election, provided such person continues to hold the qualification
hereinbefore mentioned.
(4) The Moderator
shall not be subject to retirement, and shall hold office so long as he
continues to act as Moderator.
(4A) The Moderator
shall also act as convener of all meetings of Commissioners, and may summon
general meetings of the Commissioners from time to time.
(4B) In the absence of
the Moderator or in case of the inability or refusal of the Moderator to
convene any such meeting or meetings, then any 2 Commissioners may
convene such meeting or meetings.
(4C) The Moderator
shall also be entitled to preside as chairman at all meetings, and in his
absence the Commissioners present at any meeting may appoint one of their
number to be chairman of such meeting.
(5) If any person
elected as aforesaid resigns his office by writing under his hand and
delivered to the Moderator or secretary of the Commissioners, or if such
person dies or ceases to have his usual place of residence within the State of
Western Australia, or ceases to hold the qualification of a Minister or Elder
of the said Church, or is absent from 6 or more consecutive general
meetings of the Commissioners without leave obtained from such meetings, then
the place of every such person shall thereupon become vacant, and a casual
vacancy shall be deemed to have occurred.
(6) In the event of a
casual vacancy occurring from any cause as aforesaid, it shall be lawful for
the Commissioners to appoint some other person holding a qualification as
aforesaid to fill the vacancy until the next meeting of the General Assembly,
when it shall be lawful for the General Assembly to elect some other duly
qualified person to fill such vacancy for the remainder of the term (if any)
of the person whose place as aforesaid has been vacated.
[Section 4A inserted as section 4a by
No. 6 of 1924 s. 3; amended by No. 19 of 2010 s. 51.]