Western Australian Consolidated Acts

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AGRICULTURE AND RELATED RESOURCES PROTECTION ACT 1976 - SECT 15

15 .         Appointment of chairman, deputy chairman, members and deputies

        (1)         The Protection Board shall, by declaration, appoint a Deputy Chief Officer or officer of the Protection Board to be the chairman of an authority.

        (2)         A person may hold office as chairman of 2 or more authorities simultaneously.

        (3)         The Protection Board shall, by declaration and in accordance with this section, appoint eligible persons to be the members of an authority and appoint one of those members to be the deputy chairman of the authority.

        (4)         Whenever an appointment is to be made to an office or offices of member of an authority, being an office or offices representing a region of that zone that has a committee, the Protection Board shall in the prescribed manner request that committee to nominate, in accordance with the regulations, members of the committee who are willing to act in the office of member of the authority.

        (5)         Where, in response to a request under subsection (4), nominations are submitted to the Protection Board in accordance with the regulations, the Protection Board shall appoint one or more, as the case requires, of the persons so nominated, as a member or members of the authority.

        (6)         Where a committee does not submit nominations to the Protection Board in accordance with the regulations the Protection Board may appoint such member or members, as the case requires, of the committee as it thinks fit to be a member or members of the authority.

        (7)         Whenever an appointment is to be made to an office or offices of member of an authority of a zone, being an office or offices representing a region of that zone that does not have a committee, the Protection Board shall in the prescribed manner request — 

            (a)         the local government of each district that is within or partly within that region; and

            (b)         each producer association that has members in that region,

                to nominate, in accordance with the regulations, members of the council of the local government or of the association, as the case may be, who are willing to act in the office of member of the authority.

        (8)         Subject to subsection (11), where, in response to requests under subsection (7), nominations are submitted to the Protection Board in accordance with the regulations, the Protection Board shall compile those nominations into a panel and shall appoint one or more, as the case requires, of the persons named on that panel as a member or members of the authority.

        (9)         Whenever an appointment is to be made to an office or offices of member of an authority of a zone and that zone is not divided into regions, the Protection Board shall in the prescribed manner request — 

            (a)         the local government of each district that is within or partly within that zone; and

            (b)         each producer association that has members in that zone,

                to nominate, in accordance with the regulations, members of the council of the local government or of the association, as the case may be, who are willing to act in the office of member of the authority.

        (10)         Subject to subsection (11), where, in response to requests under subsection (a), nominations are submitted to the Protection Board in accordance with the regulations, the Protection Board shall compile those names into a panel and shall appoint one or more, as the case requires, of the persons named on that panel as a member or members of the authority.

        (11)         Where, after requests under subsection (7) or (9), no nominations are submitted in accordance with the regulations or the nominations so submitted are, in the opinion of the Protection Board, inadequate for the purpose of forming a panel under subsection (8) or (10), as the case may be, the Protection Board may appoint such eligible person or eligible persons, as the case requires, as it thinks fit to be a member or members of the authority.

        (12)         The Protection Board may appoint an eligible person as the deputy of a member of an authority.

        (13)         The provisions of this section that apply to and in relation to the appointment of a member of an authority apply, with any necessary modification, to and in relation to the appointment of the deputy of that member.

        (14)         A person appointed pursuant to subsection (12) is, in the event of the absence from a meeting of the authority of the member of whom he is the deputy, entitled to attend that meeting and, when so attending, is deemed to be a member of the authority and has all the powers, functions and duties of a member of the authority.

        (15)         Where a member of an authority is absent from a meeting of the authority and — 

            (a)         no person has been appointed as deputy of that member; or

            (b)         the person who is appointed to be the deputy of that member is also absent from the meeting,

                any other deputy of a member may, if authorised in writing by the member who is absent from the meeting, attend that meeting and, when so attending, is deemed to be a member of the authority and has all the powers, functions and duties of a member of the authority.

        [Section 15 amended by No. 40 of 1978 s. 2; No. 55 of 1979 s. 5; No. 14 of 1996 s. 4.]



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