Western Australian Current Acts Western Australian Current Acts (1) The membership of
the Commission shall comprise —
(a) the
chairperson, appointed by the Minister; and
(b) not
less than 5, nor more than 7, other members, appointed by the Minister,
and the Minister shall
cause notice of the appointments to be published in the Gazette .
(2) Members appointed
under subsection (1) shall be persons who, in the opinion of the Minister, are
persons of integrity, good repute and relevant experience.
(2A) The members of
the Commission must select one of their number to be the deputy chairperson.
(2B) If the
chairperson is unable to act because of absence or incapacity, or the office
of chairperson is vacant, the deputy chairperson must act in the
chairperson’s place.
(3) A quorum of the
Commission shall be constituted by 4 members, unless in relation to any
particular matter the Minister directs that all the members are required to be
present at the meeting concerned.
(4) Where the Minister
appoints —
[(a), (b) deleted]
(c)
persons of repute, experience and integrity to be the respective deputies of
members holding office under subsection (1)(b), those persons shall be such
deputies,
and, on the Minister
causing notice of the respective appointments to be published in the Gazette ,
the person appointed under this subsection is entitled to attend any meeting
of the Commission at which the member to whom that person is the deputy is not
present and, when so attending, has all the powers and duties of that member.
(5) In the absence or
incapacity of the chairperson, and of the deputy chairperson, the members of
the Commission present at a meeting shall select one of their number to
preside, and the person so selected has and may exercise all the powers of the
chairperson whilst so presiding.
(5A) Subject to this
Act, the chairperson holds office for the period, not exceeding 5 years,
specified in their instrument of appointment, and is eligible for
reappointment.
(6) Subject to this
Act, a member appointed under subsection (1)(b) holds office for such period
not exceeding 3 years as is specified in the instrument of appointment, but is
eligible for re-appointment.
(7) If at any time a
member appointed under subsection (1)(b) ceases to hold office, a person who
is at that time the deputy of that member shall until —
(a) the
vacancy in the office of that member is filled by the appointment of another
member; or
(b)
where the vacancy is not filled, the expiration of the period of the
appointment of that member or of 3 months from the date of that member so
ceasing to hold office, whichever is the lesser time,
be entitled to attend
any meeting of the Commission and, when so attending, has all the powers and
duties of a member.
(8) Where —
(a) both
a member appointed under subsection (1)(b) and the deputy of that member are
absent or temporarily incapable of fulfilling the duties of a member; or
(b) the
office of a member is vacant and is not filled in accordance with this Act,
and no deputy is acting for that member pursuant to subsection (7),
the Minister may
appoint a person to act in the place of that member during that absence or
incapacity, or until the vacancy is filled, as the case requires, and any
person so appointed has, while that appointment subsists, all the functions,
powers and duties of a member.
(9) Unless the context
otherwise requires, any reference in this Act to a member shall be construed
as including a reference to —
(a) a
deputy acting in the office of that member;
(b) a
person appointed by the Minister pursuant to subsection (8) to act in the
place of that member while the appointment subsists.
(10) An act or
omission of a person acting in place of another under this section cannot be
questioned on the ground that the occasion for acting had not arisen or had
ceased.
(11) If a member of
the Commission —
[(a) deleted]
(b) is a
person who is an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(c) is
absent, without the permission of the Commission, from 3 consecutive meetings
of the Commission of which he has been given notice; or
(d) is
removed from office by the Minister for disability, inefficiency or
misconduct,
the office of that
person becomes vacant and the person shall not thereafter be eligible for
re-appointment.
(12) An appointed
member may resign office by a written notice given under the hand of that
person and addressed to, and received by, the Minister, but a member whose
term of office expires or who resigns from office is eligible for
re-appointment.
(13) A person who is
or has been a member is not personally liable for any act done or omitted to
be done in good faith by the Commission or by that person in acting as a
member.
(14) Until a person is
appointed to the office of chairperson under subsection (1), as amended by the
Casino Legislation Amendment (Burswood Casino) Act 2022 section 11, the chief
executive officer of the Department is, ex officio, the chairperson of the
Commission.
[Section 12 amended: No. 16 of 1990 s. 33; No. 24
of 1998 s. 35; No. 10 of 2001 s. 85; No. 35 of 2003 s. 129 and 168; No. 25 of
2014 s. 62; No. 32 of 2022 s. 11.]