Western Australian Consolidated Acts

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REAL ESTATE AND BUSINESS AGENTS ACT 1978 - SECT 8

8 .         Members, term of office

        (1)         Subject to this Act, each elective member shall hold office for a period of 4 years and is eligible for re-election and reappointment, and each member who is not an elective member shall hold office for such period not exceeding 4 years as is specified in the instrument of his appointment and is eligible for reappointment.

        (2)         The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.

        (3)         The Governor may terminate the appointment of a member for inability, inefficiency, or misbehaviour.

        (4)         If a member of the Board — 

            (a)         is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

            (b)         becomes permanently incapable of performing his duties as a member; or

            (c)         resigns his office by writing under his hand addressed to the Minister; or

            (d)         absents himself, except on leave duly granted by the Minister from meetings of the Board for a period exceeding 8 weeks; or

            (e)         ceases to hold any qualification required for his becoming or being a member,

                the office of that member becomes vacant.

        (5)         Where the office of a member has become vacant otherwise than by effluxion of time, the Governor may appoint to the vacant office for the unexpired part of the term of the office which so became vacant a person who has the like prescribed qualifications, if any, as those of the member whose office has become vacant, and, where the case requires, who has been nominated or elected in the manner in which the member was nominated or elected.

        [Section 8 amended by No. 74 of 1980 s. 4; No. 18 of 2009 s. 74.]



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