Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section the Board shall consist of 5 members appointed by the
Governor of whom —
(a) one,
who shall be appointed to be a member and Chairman of the Board, shall be a
person who is a lawyer who has had not less than 7 years’ legal
experience and is nominated by the Minister from a panel of names submitted by
The Law Society of Western Australia;
(b) one
shall be a person who is nominated by the Minister;
(c) 2
shall be persons who are experienced in the valuation of land, are members of
the Australian Property Institute, and are nominated by the Minister from a
panel of names submitted by the Western Australian Division of that Institute;
and
(d) one
shall be a person who is experienced in the valuation of land, is a member of
the Australian Property Institute, and is nominated by the Minister from a
panel of names submitted by the Real Estate Institute of Western Australia.
(1a) In
subsection (1)(a) —
legal experience means —
(a)
standing and practice as a legal practitioner; or
(b)
judicial service (including service as a judge of a court, a magistrate or
other judicial officer) in the State or elsewhere in a common law
jurisdiction; or
(c) a
combination of both kinds of legal experience mentioned in paragraphs (a)
and (b).
(2) The Governor shall
appoint one of the members appointed pursuant to subsection (1)(b), (c)
or (d) to be Deputy Chairman of the Board.
(3) Whenever a panel
of names is required for the purposes of filling the offices referred to in
subsection (1)(a) or an office referred to in subsection (1)(c) or
(d), the Minister shall, in writing, request the body referred to in the
appropriate paragraph to submit to him, in writing, within the time specified
in the request, a panel containing the names of 3 persons qualified and
willing to act as members of the Board.
(4) Where a request is
made pursuant to subsection (3) the Minister may, if no panel or no panel
of sufficient size, is submitted in accordance with the request, nominate for
appointment —
(a) to
the offices referred to in subsection (1)(a), such lawyer of not less
than 7 years standing as he thinks fit; or
(b) to
an office referred to in subsection (1)(c) or (d), such person, being a
person who is experienced in the valuation of land and is a member of the
Australian Property Institute, as he thinks fit.
[(5)-(7) deleted]
(8) The Governor may
appoint a person as the deputy of a member.
(9) The provisions of
subsections (1), (3) and (4) as to qualifications and nomination that
apply to and in relation to the appointment of a member apply, with any
necessary modifications, to and in relation to the appointment of the deputy
of that member.
(10) A person
appointed pursuant to subsection (8) is, in the event of the absence from
a meeting of the Board 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.
[Section 6 amended by No. 15 of 1984
s. 4; No. 65 of 2003 s. 115; No. 74 of 2003 s. 74(3); No. 21 of
2008 s. 671(3)-(5).]