Western Australian Consolidated Acts

ABORIGINAL AFFAIRS PLANNING AUTHORITY ACT 1972 - FIRST SCHEDULE

[Section 19]

        [Heading amended by No. 100 of 1973 s. 6.]

Constitutional provisions relating to the Aboriginal Affairs Co-ordinating Committee

1 .         Tenure of office

        (1)         The term of tenure of a member appointed ex officio continues until the member ceases to occupy the office by virtue of which he was appointed.

        (2)         A member, other than a member appointed ex officio , may resign his office by a written notice given under his hand to, and accepted by, the Minister.

        (3)         A member who ceases to hold office shall, unless otherwise disqualified, be eligible for re-appointment.

2 .         Disqualification

                If a member —

            (a)         is a person in respect of whom an administration order is in force under Part 6 of the Guardianship and Administration Act 1990 ; or

            (b)         is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

            (c)         is convicted of an indictable offence; or

            (d)         had his appointment terminated by the Governor for inability, inefficiency or misbehaviour,

                his office becomes vacant and he is not eligible for re-appointment.

        [Clause 2 amended by No. 24 of 1990 s. 123; No. 18 of 2009 s. 6.]

3 .         Deputies

        (1)         A member appointed ex officio may by a written notice given under his hand to, and accepted by, the Minister nominate a responsible officer of the department of the Public Service which he represents to be his deputy, and may terminate such nomination at any time.

        (2)         The Minister may appoint a person to be a deputy of a Committee member, other than a member appointed ex officio , and may terminate such appointment at any time.

        (3)         While taking the place of a member a deputy has all the powers and entitlements of, and all the protection given to, the member under this Act.

        (4)         Any reference in this Act to a member shall be construed as including a reference to a deputy taking the place of that member.

4 .         Validity of proceedings

        (1)         A vacancy among the membership shall not invalidate the proceedings of any meeting.

        (2)         All acts done at any meeting shall, notwithstanding it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member, be as valid as if that defect had not existed.

5 .         Quorum

                To constitute a meeting there must be not less than one-half of the members present.

6 .         Chairman

                In the absence of the CEO and of the deputy of the CEO the members present at any meeting may elect one of their number to preside at that meeting.

        [Clause 6 amended by No. 28 of 2006 s. 349.]

7 .         Voting

        (1)         Each member, including the member presiding, shall have a deliberative vote only and subject to the requirement that a quorum is present all questions shall be decided by a majority.

        (2)         In the case of an equality of votes the question shall be declared to be negatived.

8 .         Records

                A record of the proceedings of every meeting shall be kept in such manner as the Minister may direct or approve, and shall be certified as correct by the member presiding at that or the next succeeding meeting.

9 .         Meetings

                The Minister or the chairman may at any time convene a meeting, and a meeting shall be convened by the chairman within 7 days of the receipt by him of a written request signed by 2 or more members specifying the business in respect of which the meeting is to be convened.

10 .         Committees and co-option

        (1)         Committees, which may consist of persons who are not members, and any person having relevant experience, may be invited to act in an advisory capacity, but the delegation of any matter to such a committee or person does not relieve the members of responsibility.

        (2)         The provisions of this Schedule, except in so far as the Minister may otherwise direct or approve, shall have effect in relation to a committee.

11 .         Remuneration etc.

                A member, other than a member appointed ex officio , shall be entitled to such remuneration, leave of absence, travelling and other allowances as the Minister determines.

12 .         Disputes

                In all cases of dispute, doubt or difficulty, respecting or arising out of matters of procedure or order, then, subject to the Minister, the decision of the chairman shall be final and conclusive.

13 .         Conduct of proceedings

                Subject to this Act, and to any direction which may be given by the Minister, the proceedings may be regulated in such manner as the members think fit.

[Second Schedule deleted by No. 54 of 1984 s. 5.]