Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Senate
may —
(a)
remove from office a member of the Senate for breach of a duty mentioned in
Schedule 1 clause 1(1), 2(1) or 3;
(b)
suspend from office a member of the Senate who is alleged to have breached a
duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 until the motion
for removal is put to the vote.
(2) The removal or
suspension from office may be effected only at a meeting of the Senate of
which notice (including notice of the motion that the member concerned be
removed or suspended from office for breach of duty) was duly given.
(3) Despite
section 25, the removal or suspension from office may be effected only if
the motion for removal or suspension is supported by a majority comprising
enough of the members for the time being of the Senate for their number to be
at least 2/3 of the total number of offices (whether vacant or not) of member
of the Senate.
(4) The motion for
removal or suspension must not be put to the vote of the meeting unless the
member concerned has been given a reasonable opportunity to reply to the
motion at the meeting, either orally or in writing.
(5) If the member to
whom the motion for removal or suspension refers does not attend the meeting,
a reasonable opportunity to reply to the motion is to be taken to have been
given if notice of the meeting has been duly given.
(6) The Senate cannot
remove or suspend from office a member of the Senate for breach of a duty
mentioned in Schedule 1 clause 1(1), 2(1) or 3 except in accordance
with this section.
(7) A person must not
vote on any question relating to the person’s removal or suspension from
office by the Senate for the breach of a duty mentioned in Schedule 1
clause 1(1), 2(1) or 3, or be present while the matter is being
considered at a meeting.
(8) This section
applies only in relation to a breach of a duty mentioned in Schedule 1
clause 1(1), 2(1) or 3 that occurs after the Universities Legislation
Amendment Act 2005 comes into operation .
(9) A person does not
breach a duty mentioned in Schedule 1 clause 1(1)(a), (b) or (c) by
doing or omitting to do anything in compliance with a direction given to the
person in exercise of a power conferred by a written law.
(10)
Subsection (9) does not extend to the manner in which a thing is done or
omitted if it is done or omitted in a manner that is contrary to
Schedule 1 clause 1(1)(a), (b) or (c) and the direction did not
require that it be done in that manner.
(11) The suspension
from office of a member of the Senate does not create a vacancy in that
office.
[Section 11A inserted by No. 8
of 2005 s. 55.]
[Heading inserted by No. 19 of 2010
s. 48(3).]