Western Australian Consolidated Acts

REAL ESTATE AND BUSINESS AGENTS ACT 1978 - SECT 7

7 .         Board, membership of

        (1)         Subject to this section, the Board shall consist of 5 members appointed by the Governor of whom — 

            (a)         one, being a person who is not a licensed agent, shall be appointed to be a member and Chairman of the Board;

            (b)         one, being a person who is not a licensed agent, shall be a person who is experienced in commercial practice;

            (c)         one, being a person who is not a licensed agent, shall be a person who is a legal practitioner;

            (d)         one shall be a person who is a licensed agent nominated for appointment by The Real Estate Institute of Western Australia; and

            (e)         one shall be a person who is a licensed agent and elected for appointment by licensed agents (hereinafter called an elective member).

        (2)         Prior to the first occasion on which an appointment is to be made to the office of a member referred to in subsection (1)(d), and on each occasion thereafter when such office becomes vacant, the Minister shall, in writing, request The Real Estate Institute of Western Australia to nominate to him in writing the name of a licensed agent who is willing to act as a member of the Board.

        (3)         Where a request has been made pursuant to subsection (2) the Minister may, if nomination is not made pursuant to that subsection within 21 days of the request being made, nominate for appointment to the office such licensed agent as the Minister thinks fit.

        [(4)         Omitted under Reprints Act 1984 s. 7(4)(e).]

        (5)         The Minister shall appoint a returning officer for each election of an elective member.

        (6)         The election of an elective member shall be held and conducted in such manner and at such times as may be prescribed.

        (7)         The expenses incurred in connection with the election of an elective member shall be paid out of the moneys appropriated by Parliament for the purposes of this Act.

        (8)         The Governor may appoint as deputy of a member a person who has the like prescribed qualifications as those of the member and, where the case requires, who has been nominated or elected in the manner in which the member was nominated or elected.

        (9)         A person so appointed 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, has all the powers, functions, and duties of a member.