Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Advisory
Committee shall consist of 7 permanent members of whom—
(a) one
shall hold office as Chairman of that Committee;
(b) 2
shall be persons selected from a panel of names submitted to the Minister by
the body known as the Western Australian Local Government Association;
[(c) deleted]
(d) 2
shall be persons selected from amongst persons who have in the opinion of the
Minister appropriate experience in the operation of off-road vehicles;
(e) one
shall be a person selected from amongst persons who have in the opinion of the
Minister appropriate experience in the operation of four wheel drive vehicles;
and
(f) one
shall be a person nominated by the Minister to whom the administration of the
Conservation and Land Management Act 1984 is for the time being committed
by the Governor, being a person who in the opinion of that Minister has
appropriate experience in environmental matters,
each of whom shall be
appointed by the Minister and shall hold office for such period not exceeding
3 years as is specified in the instrument of appointment, unless his
appointment is sooner terminated pursuant to this Act.
(2) The person
appointed as Chairman of the Committee shall preside at all meetings at which
he is present.
(3) In the absence of
the Chairman, the permanent members present shall select one of their number
to preside at the meeting and the member so selected shall whilst so presiding
have and may exercise all the powers of the Chairman.
(4) The Committee
shall hold meetings at such times and places as it determines, but the
Minister or the Chairman may at any time convene a meeting of the Committee.
(5) The quorum at any
meeting of the Committee shall be constituted by not less than 4 permanent
members.
(6) The permanent
members are eligible to attend every meeting of the Committee and to vote on
any matter.
(7) The Minister may
for the purposes of any meeting co-opt any person possessing special
experience, knowledge or qualifications, or having a particular interest,
relevant to the matters under consideration, and a person so co-opted is not
eligible to vote but in all other respects shall be deemed to be a member of
the Committee for the purposes of that meeting.
[(8) deleted]
(9) A person who has
no right to vote or be heard on any particular matter may, with the consent of
the member presiding, nevertheless speak to, and be heard, on the matter.
(10) Each member
present and eligible to vote may cast a deliberative vote on any question and
the question shall be decided by the majority, but if the votes are equal the
question shall be taken to have been decided in the negative.
(11) A person who is a
member of the Committee, other than a person to whom Part 3 of the
Public Sector Management Act 1994 , applies, may be paid such
remuneration or allowances as the Minister from time to time determines, and
any member of the Committee may be reimbursed in respect of expenditure
incurred pursuant to this Act in such manner as the Minister may determine.
(12) Subject to the
requirement that a quorum be present at any meeting, the performance or
exercise of any function, duty or obligation shall not be affected by reason
only of there being a vacancy in the office of a member.
(13) Subject to this
Act, and to any direction which may be given by the Minister, the proceedings
of the Committee may be regulated in such manner as the members think fit.
(14) A record of the
proceedings of every meeting shall be kept by the Committee and shall be
amended as necessary and thereafter certified as correct by the member
presiding at that or the next succeeding meeting.
(15) The office of a
member becomes vacant if —
(a) his
term of office expires; or
(b) he
is a person in respect of whom an administration order is in force under Part
6 of the Guardianship and Administration Act 1990 or he otherwise becomes
permanently incapable of performing his duties as a member; or
(c) he
resigns his office by written notice addressed to the Minister; or
(d) he
is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws; or
(e) he
is removed from office by the Minister on the grounds —
(i)
of neglect of duty, incompetence or misbehaviour; or
(ii)
that he has ceased to represent the interest in relation
to which he was appointed.
(16) All acts done at
any meeting shall, notwithstanding it is afterwards discovered that there was
some defect in the appointment of a person purporting to be a member, be as
valid as if that defect had not existed.
[Section 21 amended by No. 56 of 1986
s. 4; No. 24 of 1990 s. 123; No. 32 of 1994 s. 3(1);
No. 49 of 2004 s. 13; No. 28 of 2006 s. 357; No. 18 of
2009 s. 22.]
[ 22. Deleted by No. 28 of 2006 s. 358.]