HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 8

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 8

8 .         Establishment of Council

        (1)         As soon as is practicable after the coming into operation of this Part, there shall be established a body of persons, to be known as the Western Australian Reproductive Technology Council, which shall have the functions conferred under this Act.

        (2)         The Council shall consist of —

            (a)         10 nominated members, to be appointed by the Governor on the recommendation of the Minister, of whom —

                  (i)         7 shall be individuals respectively selected from panels comprising the names of not less than 2 individuals submitted in accordance with section 9(1) by each of —

                        (A)         the Royal Australian College of Obstetricians and Gynaecologists; and

                        (B)         the Australian Medical Association; and

                        (C)         the Law Society of Western Australia; and

                        (D)         3 other bodies, being bodies having interests relevant to this Act; and

                        (E)         the Minister charged with the administration of the Children and Community Services Act 2004 ;

                and

                  (ii)         3 shall be individuals selected by the Minister having regard to section 9(2);

                and

            (b)         an ex officio member appointed by the Minister, subject to subsection (3), as the Executive Officer of the Council.

        (3)         The person appointed as the Executive Officer —

            (a)         shall be an individual who is an officer of, or who carries out duties in, the department of the Public Service of the State principally assisting the Minister in the administration of this Act; and

            (b)         shall not be eligible to be appointed or selected to hold or act in the office of Chairperson or Deputy Chairperson.

        (4)         Appointment as a member under subsection (2) does not render the provisions of Part 3 of the Public Sector Management Act 1994 or of any other Act applying to persons as officers of the Public Service of the State applicable to the person so appointed, or affect or prejudice the application of those provisions if they applied immediately before the appointment.

        (5)         The Minister shall cause each appointment under subsection (2) to be notified in the Gazette .

        (6)         The Schedule has effect with respect to the membership and proceedings of the Council.

        [Section 8 amended: No. 32 of 1994 s. 19; No. 1 of 1996 s. 4; No. 34 of 2004 Sch. 2 cl. 14; No. 19 of 2016 s. 158.]