Western Australian Consolidated Acts

PORT KENNEDY DEVELOPMENT AGREEMENT ACT 1992 - SCHEDULE 2

[s. 19]

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

1 .         Term of office of members

                Except as provided in clause 2, a member shall hold office for such term, not being more than 3 years, as is specified in the member’s instrument of appointment, but may from time to time be reappointed.

2 .         Vacation of office by member

        (1)         A member may resign from office by notice in writing delivered to the Minister.

        (2)         A member may be removed from office by the Minister — 

            (a)         for mental or physical disability, incompetence, neglect of duty or misconduct that impairs the performance of his or her duties;

            (b)         if the member is an insolvent under administration, as that term is defined in the Corporations Act 2001 of the Commonwealth;

            (c)         if the member is absent without leave of the Board from 3 consecutive meetings of the Board of which the member has had notice;

            (d)         if the member ceases to hold the position or qualification by virtue of which he or she was nominated for appointment;

                or

            (e)         for any other act or omission that in the opinion of the Minister may cause prejudice or injury to the Board.

3 .         Proceedings of the Board

        (1)         The procedure for convening meetings of the Board and the conduct of business at those meetings shall, subject to this Act, be as determined by the Board.

        (2)         A quorum for a meeting of the Board is 4 members.

        (3)         The first meeting of the Board shall be convened by the chairperson.

4 .         Chairperson

                At a meeting of the Board — 

            (a)         the chairperson, or in his or her absence the deputy chairperson, shall preside; or

            (b)         in the absence of both of those members, a member elected by the members present shall preside.

5 .         Delegation by Board

        (1)         The Board may, by resolution, delegate any function specified in the resolution, other than this power of delegation, to a member or any committee consisting of 2 or more members.

        (2)         The performance of a function by a delegate under this clause is deemed to be the performance of the function by the Board.

6 .         Voting

        (1)         A decision of the majority of members at a meeting of the Board at which a quorum is present is the decision of the Board.

        (2)         If the votes of members present at a meeting and voting are equally divided the presiding member shall have a casting vote in addition to a deliberative vote.

7 .         Minutes

        (1)         The Board shall cause accurate minutes of its meetings to be recorded and preserved.

        (2)         The minutes shall in addition to any other matters properly contained in the minutes record any minority or dissenting view expressed by a member if the member so requests.

        [Schedule 2 amended by No. 10 of 2001 s. 220.]