Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 10, 11A, 24A]
[Heading inserted by No. 8 of 2005
s. 62.]
[Heading inserted by No. 8 of 2005
s. 62.]
(1) Each member of the
Senate —
(a) must
at all times act honestly in the performance of the functions of a member of
the Senate, whether within or outside the State;
(b) must
at all times exercise the degree of care and diligence in the performance of
the functions of a member of the Senate, whether within or outside the State,
that a reasonable person in that position would reasonably be expected to
exercise in the Senate’s circumstances;
(c) must
at all times act in the best interests of the University and give precedence
to the interests of the University over the interests of any person appointing
or electing a member of the Senate;
(d) must
not, whether within or outside the State, make improper use of information
acquired by virtue of the position of member of the Senate to gain, directly
or indirectly, an advantage for any person or to cause detriment to the
University;
(e) must
not, whether within or outside the State, make improper use of the position of
member of the Senate to gain, directly or indirectly, an advantage for any
person or to cause detriment to the University.
(2) Nothing in
subclause (1) or section 11A or 24A affects —
(a) any
other duty a member of the Senate may have under any other law; or
(b) the
operation of any other law in relation to such a duty.
[Clause 1 inserted by No. 8
of 2005 s. 62.]
Division 2 — Disclosure of interests
(1) A member of the
Senate who has a material personal interest in a matter being considered or
about to be considered by the Senate must, as soon as possible after the
relevant facts have come to the member’s knowledge, disclose the nature
and extent of the interest at a meeting of the Senate.
(2) A disclosure under
subclause (1) is to be recorded in the minutes of the meeting.
[Clause 2 inserted by No. 8
of 2005 s. 62.]
3 . Voting by interested members
A member of the Senate
who has a material personal interest in a matter that is being considered by
the Senate —
(a) must
not vote whether at a meeting or otherwise —
(i)
on the matter; or
(ii)
on a proposed resolution under clause 4 in respect
of the matter, whether relating to that member or a different member;
and
(b) must
not be present while —
(i)
the matter; or
(ii)
a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at
a meeting.
[Clause 3 inserted by No. 8
of 2005 s. 62.]
4 . Clause 3 may be declared inapplicable
Clause 3 does not
apply if the Senate has at any time passed a resolution that —
(a)
specifies the member, the interest and the matter; and
(b)
states that the members voting for the resolution are satisfied that the
interest should not disqualify the member from considering or voting on the
matter.
[Clause 4 inserted by No. 8
of 2005 s. 62.]
5 . Quorum where cl. 3 applies
Despite
section 25, if a member is disqualified under clause 3 in relation
to a matter, a quorum is present during the consideration of the matter if at
least 7 members of the Senate are present who are entitled to vote on any
motion that may be moved at the meeting in relation to the matter.
[Clause 5 inserted by No. 8
of 2005 s. 62.]
6 . Minister may declare cl. 3 and 5
inapplicable
(1) The Minister may,
on the application of a member of the Senate, by writing declare that
clause 3 or 5 or both of them do not apply in relation to a
specified matter either generally or in voting on particular resolutions.
(2) The Minister must
cause a copy of a declaration made under subclause (1) to be laid before
each House of Parliament within 14 sitting days of that House after the
declaration is made.
[Clause 6 inserted by No. 8
of 2005 s. 62.]
