Western Australian Current Acts

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HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 247BA

247BA .         Term of office and vacation of office

        (1)         The members hold office for a term of 3 years.

        (2)         A member ceases to hold office —

            (a)         at the expiry of the term for which he or she is appointed, unless he or she —

                  (i)         continues to hold office under subsection (4); or

                  (ii)         is reappointed;

                or

            (b)         if he or she resigns by written notice given to the Minister; or

            (c)         if he or she dies; or

            (d)         if his or her nomination as a member is withdrawn by written notice given to the Minister by WALGA; or

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

            (f)         if the member’s appointment is terminated under subsection (3).

        (3)         The Minister may, by written notice given to a member, terminate the appointment of the member —

            (a)         if, in the Minister’s opinion, the member is unable to perform the functions of office because of —

                  (i)         illness; or

                  (ii)         mental or physical incapacity impairing the performance of his or her duties; or

                  (iii)         absence from the State;

                or

            (b)         if, in the Minister’s opinion, the member misbehaves, neglects his or her duties or is incompetent; or

            (c)         if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Analytical Committee of which the member had notice; or

            (d)         for any other act or omission, or any circumstance arising, that, in the Minister’s opinion, may adversely affect the functioning of the Analytical Committee.

        (4)         Even though the term for which a member was appointed has expired, the member continues in office until he or she is reappointed or his or her successor comes into office, unless he or she resigns or is removed from office.

        (5)         However, a member cannot continue in office under subsection (4) for longer than 3 months.

        [Section 247BA inserted: No. 19 of 2016 s. 33.]



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