GAMING AND WAGERING COMMISSION ACT 1987 - SECT 12

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 12

12 .         Members of Commission, attendance at meetings etc.

        (1)         The membership of the Commission shall comprise —

            (a)         the chairperson, appointed by the Minister; and

            (b)         not less than 5, nor more than 7, other members, appointed by the Minister,

                and the Minister shall cause notice of the appointments to be published in the Gazette .

        (2)         Members appointed under subsection (1) shall be persons who, in the opinion of the Minister, are persons of integrity, good repute and relevant experience.

        (2A)         The members of the Commission must select one of their number to be the deputy chairperson.

        (2B)         If the chairperson is unable to act because of absence or incapacity, or the office of chairperson is vacant, the deputy chairperson must act in the chairperson’s place.

        (3)         A quorum of the Commission shall be constituted by 4 members, unless in relation to any particular matter the Minister directs that all the members are required to be present at the meeting concerned.

        (4)         Where the Minister appoints —

        [(a), (b)         deleted]

            (c)         persons of repute, experience and integrity to be the respective deputies of members holding office under subsection (1)(b), those persons shall be such deputies,

                and, on the Minister causing notice of the respective appointments to be published in the Gazette , the person appointed under this subsection is entitled to attend any meeting of the Commission at which the member to whom that person is the deputy is not present and, when so attending, has all the powers and duties of that member.

        (5)         In the absence or incapacity of the chairperson, and of the deputy chairperson, the members of the Commission present at a meeting shall select one of their number to preside, and the person so selected has and may exercise all the powers of the chairperson whilst so presiding.

        (5A)         Subject to this Act, the chairperson holds office for the period, not exceeding 5 years, specified in their instrument of appointment, and is eligible for reappointment.

        (6)         Subject to this Act, a member appointed under subsection (1)(b) holds office for such period not exceeding 3 years as is specified in the instrument of appointment, but is eligible for re-appointment.

        (7)         If at any time a member appointed under subsection (1)(b) ceases to hold office, a person who is at that time the deputy of that member shall until —

            (a)         the vacancy in the office of that member is filled by the appointment of another member; or

            (b)         where the vacancy is not filled, the expiration of the period of the appointment of that member or of 3 months from the date of that member so ceasing to hold office, whichever is the lesser time,

                be entitled to attend any meeting of the Commission and, when so attending, has all the powers and duties of a member.

        (8)         Where —

            (a)         both a member appointed under subsection (1)(b) and the deputy of that member are absent or temporarily incapable of fulfilling the duties of a member; or

            (b)         the office of a member is vacant and is not filled in accordance with this Act, and no deputy is acting for that member pursuant to subsection (7),

                the Minister may appoint a person to act in the place of that member during that absence or incapacity, or until the vacancy is filled, as the case requires, and any person so appointed has, while that appointment subsists, all the functions, powers and duties of a member.

        (9)         Unless the context otherwise requires, any reference in this Act to a member shall be construed as including a reference to —

            (a)         a deputy acting in the office of that member;

            (b)         a person appointed by the Minister pursuant to subsection (8) to act in the place of that member while the appointment subsists.

        (10)         An act or omission of a person acting in place of another under this section cannot be questioned on the ground that the occasion for acting had not arisen or had ceased.

        (11)         If a member of the Commission —

        [(a)         deleted]

            (b)         is a person who is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

            (c)         is absent, without the permission of the Commission, from 3 consecutive meetings of the Commission of which he has been given notice; or

            (d)         is removed from office by the Minister for disability, inefficiency or misconduct,

                the office of that person becomes vacant and the person shall not thereafter be eligible for re-appointment.

        (12)         An appointed member may resign office by a written notice given under the hand of that person and addressed to, and received by, the Minister, but a member whose term of office expires or who resigns from office is eligible for re-appointment.

        (13)         A person who is or has been a member is not personally liable for any act done or omitted to be done in good faith by the Commission or by that person in acting as a member.

        (14)         Until a person is appointed to the office of chairperson under subsection (1), as amended by the Casino Legislation Amendment (Burswood Casino) Act 2022 section 11, the chief executive officer of the Department is, ex officio, the chairperson of the Commission.

        [Section 12 amended: No. 16 of 1990 s. 33; No. 24 of 1998 s. 35; No. 10 of 2001 s. 85; No. 35 of 2003 s. 129 and 168; No. 25 of 2014 s. 62; No. 32 of 2022 s. 11.]