Western Australian Current Acts Western Australian Current Acts[s. 19]
[Heading amended: No. 100 of 1973 s. 6; No. 19 of
2010 s. 4.]
(1) The term of tenure
of a member appointed ex officio continues until the member ceases to occupy
the office by virtue of which he was appointed.
(2) A member, other
than a member appointed ex officio , may resign his office by a written notice
given under his hand to, and accepted by, the Minister.
(3) A member who
ceases to hold office shall, unless otherwise disqualified, be eligible for
re-appointment.
If a member —
(a) is a
person in respect of whom an administration order is in force under Part 6 of
the Guardianship and Administration Act 1990 ; or
(b) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or a person
whose affairs are under insolvency laws; or
(c) is
convicted of an indictable offence; or
(d) had
his appointment terminated by the Governor for inability, inefficiency or
misbehaviour,
his office becomes
vacant and he is not eligible for re-appointment.
[Clause 2 amended: No. 24 of 1990 s. 123; No. 18
of 2009 s. 6.]
(1) A member appointed
ex officio may by a written notice given under his hand to, and accepted by,
the Minister nominate a responsible officer of the department of the Public
Service which he represents to be his deputy, and may terminate such
nomination at any time.
(2) The Minister may
appoint a person to be a deputy of a Committee member, other than a member
appointed ex officio , and may terminate such appointment at any time.
(3) While taking the
place of a member a deputy has all the powers and entitlements of, and all the
protection given to, the member under this Act.
(4) Any reference in
this Act to a member shall be construed as including a reference to a deputy
taking the place of that member.
(1) A vacancy among
the membership shall not invalidate the proceedings of any meeting.
(2) All acts done at
any meeting shall, notwithstanding it is afterwards discovered that there was
some defect in the appointment or qualification of a person purporting to be a
member, be as valid as if that defect had not existed.
To constitute a
meeting there must be not less than one-half of the members present.
In the absence of the
CEO and of the deputy of the CEO the members present at any meeting may elect
one of their number to preside at that meeting.
[Clause 6 amended: No. 28 of 2006 s. 349.]
(1) Each member,
including the member presiding, shall have a deliberative vote only and
subject to the requirement that a quorum is present all questions shall be
decided by a majority.
(2) In the case of an
equality of votes the question shall be declared to be negatived.
A record of the
proceedings of every meeting shall be kept in such manner as the Minister may
direct or approve, and shall be certified as correct by the member presiding
at that or the next succeeding meeting.
The Minister or the
chairman may at any time convene a meeting, and a meeting shall be convened by
the chairman within 7 days of the receipt by him of a written request signed
by 2 or more members specifying the business in respect of which the meeting
is to be convened.
(1) Committees, which
may consist of persons who are not members, and any person having relevant
experience, may be invited to act in an advisory capacity, but the delegation
of any matter to such a committee or person does not relieve the members of
responsibility.
(2) The provisions of
this Schedule, except in so far as the Minister may otherwise direct or
approve, shall have effect in relation to a committee.
A member, other than a
member appointed ex officio , shall be entitled to such remuneration, leave of
absence, travelling and other allowances as the Minister determines.
In all cases of
dispute, doubt or difficulty, respecting or arising out of matters of
procedure or order, then, subject to the Minister, the decision of the
chairman shall be final and conclusive.
Subject to this Act,
and to any direction which may be given by the Minister, the proceedings may
be regulated in such manner as the members think fit.
[Second Schedule deleted: No. 54 of 1984 s. 5.]
This is a compilation of the Aboriginal Affairs Planning Authority Act 1972
and includes amendments made by other written laws 1M . For provisions that
have come into operation see the compilation table. For provisions that have
not yet come into operation see the uncommenced provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
24 of 1972 |
9 Jun 1972 |
1 Jul 1972 (see s. 2 and Gazette 30 Jun 1972 p. 2099) | |
|
Aboriginal Affairs Planning Authority Act Amendment Act 1973 |
100 of 1973 |
28 Dec 1973 |
18 Jan 1974 (see s. 2 and Gazette 18 Jan 1974 p. 123-4) |
|
Acts Amendment (Aboriginal Affairs Planning Authority) Act 1982 Pt. II |
107 of 1982 |
7 Dec 1982 |
7 Dec 1982 |
|
Aboriginal Affairs Planning Authority Amendment Act 1984 |
54 of 1984 |
11 Oct 1984 |
1 Jul 1984 (see s. 2) |
|
Acts Amendment (Department for Community Services) Act 1984 Pt. VIII |
121 of 1984 |
19 Dec 1984 |
1 Jan 1985 (see s. 2 and Gazette 28 Dec 1984 p. 4197) |
|
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) |
|
Reprint of the Aboriginal Affairs Planning Authority Act 1972 as at 30 Jul
1986 (includes amendments listed above) | |||
|
Acts Amendment (Public Service) Act 1987 s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813) |
|
24 of 1990 |
7 Sep 1990 |
20 Oct 1992 (see s. 2 and Gazette 2 Oct 1992 p. 4811) | |
|
Financial Administration Legislation Amendment Act 1993 s. 11 and 14(1) |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Public Sector Management) Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
Industrial Legislation Amendment Act 1995 s. 35 |
1 of 1995 |
9 May 1995 |
1 Jan 1996 (see s. 2(2) and Gazette 24 Nov 1995 p. 5389) |
|
Sentencing (Consequential Provisions) Act 1995 s. 147 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
|
Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Trustees Amendment Act 1997 s. 18 |
1 of 1997 |
6 May 1997 |
16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997 p. 2661) |
|
Acts Amendment (Land Administration) Act 1997 Pt. 2 and s. 141 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 14 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Reprint of the Aboriginal Affairs Planning Authority Act 1972 as at 5 Feb
1999 (includes amendments listed above) | |||
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 34 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
|
Children and Community Services Act 2004 Sch. 2 cl. 1 |
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695) |
|
Criminal Law Amendment (Simple Offences) Act 2004 s. 82 |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 78 and 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Aboriginal Affairs Planning Authority Act 1972 as at 12 May
2006 (includes amendments listed above) | |||
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 11 Div. 1 3, 4
|
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 1 5 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Petroleum Amendment Act 2007 s. 88 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette 18 Jan 2008 p. 147) |
|
Reprint 4: The Aboriginal Affairs Planning Authority Act 1972 as at 8 May
2009 (includes amendments listed above) | |||
|
Acts Amendment (Bankruptcy) Act 2009 s. 6 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Aboriginal Housing Legislation Amendment Act 2010 Pt. 3 |
6 of 2010 |
25 May 2010 |
1 Jul 2010 (see s. 2(b) and Gazette 22 Jun 2010 p. 2767) |
|
Approvals and Related Reforms (No. 3) (Crown Land) Act 2010 Pt. 2 |
8 of 2010 |
3 Jun 2010 |
18 Sep 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757) |
|
Standardisation of Formatting Act 2010 s. 4 and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Aboriginal Affairs Planning Authority Amendment Act 2012 Pt. 2 |
38 of 2012 |
22 Nov 2012 |
7 Aug 2013 (see s. 2(b) and Gazette 6 Aug 2013 p. 3647) |
|
Reprint 5: The Aboriginal Affairs Planning Authority Act 1972 as at 18 Oct
2013 (includes amendments listed above) | |||
|
Legal Profession Uniform Law Application Act 2022 Pt. 17 Div. 1 |
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Petroleum Legislation Amendment Act 2024 s. 433(2) |
17 of 2024 |
14 May 2024 |
To be proclaimed (see s. 2(b)) |
1M Under the Cross-border Justice Act 2008 section
14, in order to give effect to that Act, this Act must be applied with the
modifications prescribed by the
Cross-border Justice Regulations 2009 Part 3
Division 2 as if this Act had been altered in that way. If a modification is
to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification is
to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
1 The provision in this Act repealing the Native
Welfare Act 1963 has been omitted under the Reprints Act 1984 s. 7(4)(f).
2 Repealed by the Land Administration Act 1997 .
3 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 11 Div. 2 reads as follows:
Division 2 — Transitional provisions
350. Aboriginal Affairs Planning Authority Act
1972
(1) A thing done or
omitted to be done by, to or in relation to the Commissioner before
commencement has the same effect after commencement, to the extent that it has
any force or significance after commencement, as if it had been done or
omitted by, to or in relation to the CEO.
(2) Section 35(5) of
the Aboriginal Affairs Planning Authority Act 1972 (as in force before
commencement) continues to apply in relation to things done or omitted to be
done before commencement by the Director-General of the department established
under section 4 of the Community Services Act 1972 (as in force immediately
before commencement).
(3) In this section
—
CEO has the meaning given by section 4 of the
Aboriginal Affairs Planning Authority Act 1972 as in force after commencement;
commencement means the time at which section 342
comes into operation;
Commissioner has the meaning given to
“Commissioner for Aboriginal Affairs” by section 10 of the
Aboriginal Affairs Planning Authority Act 1972 as in force before
commencement.
4 The requirement to appoint a Commissioner for
Aboriginal Planning was removed from the Act and references to the
Commissioner were replaced by references to the CEO, see the Machinery of
Government (Miscellaneous Amendments) Act 2006 Pt. 11 Div. 1. Section 454 of
that Act is a general transitional provision that applies to references to the
Commissioner in written laws.
5 The amendment to s. 10(2) in the Financial
Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 1 (now known as the
Financial Management (Transitional Provisions) Act 2006 ) is not included
because the section it sought to amend was repealed by the Machinery of
Government (Miscellaneous Amendments) Act 2006 s. 344.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Aboriginal
4
Authority 4
CEO
4
commencement day 52(1)
Committee
4
Council 4
Department
4
entry authority
21A(1)
former provisions 52(1)
person of
Aboriginal descent 4
repealed Act
4
reserved lands 4
Trust
4
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.
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