Western Australian Consolidated Acts (1) Subject to this
Act —
(a) an
appointed member holds office for such period not exceeding 3 years as is
specified in the instrument of his appointment;
(b) an
elected member, other than a member referred to in section 9(1)(e) holds
office for a term of 3 years from the date on which his election takes
effect;
(c) a
member referred to in section 9(1)(e) holds office for a term of one year
from the date on which his election takes effect; and
(d) a
person holding office as a member pursuant to section 9(1)(j) shall hold
that office for the term of his office as Chancellor.
(2) Subject to
subsections (3), (4) and (4a), all retiring members are, unless otherwise
disqualified, eligible for reappointment or re-election.
(3) A member referred
to in section 9(1)(e) is not eligible for re-election more than once.
(4) A member other
than a member referred to in section 9(1)(e) is not eligible to be
reappointed on the expiry of a third successive term of office until
12 months have elapsed after such expiry.
(4a) A member who is
removed from office by the Council under section 11A is not eligible to
be a member again until 5 years have elapsed since the removal.
(5) Where a vacancy
occurs in the office of an elected member —
(a) if,
at the expiration of 3 months from the occurrence of the vacancy, the
office has not been filled by election, it may be filled by a person who has
been appointed by the Governor and has the like prescribed qualification as
that of the member whose office has become vacant; and
(b) if
the vacancy occurs otherwise than by effluxion of time, the person who fills
the vacancy shall, subject to this Act, hold office as member for the residue
of his predecessor’s term of office.
(6) In this
section —
appointed member means a member referred to in
section 9(1)(a) or 9(1)(i);
elected member means a member referred to in
section 9(1)(c), 9(1)(d), 9(1)(e) or 9(1)(f).
[Section 10 amended by No. 63 of 1990
s. 19; No. 8 of 2005 s. 17.]