Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (1a), the Commission shall consist of —
(a) one
person appointed by the Governor, on the nomination of the Attorney General,
as a member and Chairman of the Commission;
(b) 7
persons appointed by the Governor, as members of the Commission, of
whom —
(i)
4 shall be appointed on the nomination of the Attorney
General;
(ii)
one (not being an Australian lawyer) shall be appointed
on the nomination of the Minister to whom the administration of the
Consumer Affairs Act 1971 is for the time being committed by the
Governor; and
(iii)
2 shall be appointed on the nomination of the Attorney
General of the Commonwealth to represent the Attorney General of the
Commonwealth.
(1a) The Director
shall be ex officio a member of the Commission.
(2) The person
appointed as Chairman of the Commission shall be an Australian lawyer who has
had not less than 7 years’ legal experience.
(3) Of the persons
appointed as members of the Commission pursuant to
subsection (1)(b)(i) —
(a) one
shall be a person (not being an Australian lawyer) who has, in the opinion of
the Attorney General, had administrative experience at a senior level; and
(b) 2
shall be private practitioners and shall, where a panel of names has been
submitted to the Attorney General by the Law Society in accordance with
subsections (4) and (5), be nominated from that panel.
(4) Prior to the first
occasion on which appointments are to be made to the offices of member
referred to in subsection (3)(b), and on each occasion thereafter when
such an office becomes vacant, the Attorney General shall, in writing, request
the Law Society to submit to him a panel containing the names of a number of
private practitioners (being a number not fewer than twice the number of
offices to be filled) willing to act as members of the Commission.
(5) Where the Law
Society has been requested, pursuant to subsection (4), to submit a panel
containing the names of a number of persons to the Attorney General, the
Attorney General —
(a)
shall, if such a panel is submitted to him within 30 days of the Law
Society receiving the request, nominate for appointment to the office of
member one or more (as the case requires) of the private practitioners whose
names appear on the panel; and
(b) may,
if default is made within that time in submitting such a panel to him,
nominate for appointment to the office of member such private practitioner or
private practitioners (as the case requires) as he thinks fit.
(6) The Governor may
appoint as deputy of a member a person who would be eligible for appointment
to the office of the member and who has been nominated in the manner in which
the member was nominated.
(7) A person so
appointed is, in the event of the absence from a meeting of the Commission of
the member of whom he is the deputy, entitled to attend that meeting and, when
so attending, is deemed to be a member and has all the powers, functions and
duties of a member.
(8) In the case of
each member appointed pursuant to subsection (1)(b)(iii) the power
conferred by subsection (6) extends to the appointment of 2 or more
persons each as deputy of that member but, in the event of the absence from a
meeting of the Commission of that member, not more than one of those persons
is entitled to attend that meeting at any one time.
[Section 7 amended by No. 60 of 1977
s. 4; No. 90 of 1986 s. 5; No. 21 of 2008 s. 674(3)-(5).]