Western Australian Current Acts

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HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 340F

340F .         When office of member becomes vacant

        (1)         The office of a member of the Committee becomes vacant if —

            (a)         he or she dies; or

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

            (c)         his or her term of office expires by effluxion of time, unless he or she —

                  (i)         continues to hold office under subsection (3); or

                  (ii)         is reappointed;

                or

            (d)         the member’s appointment is terminated under subsection (2); or

            (e)         in the case of the member referred to in section 340B(2)(a), the Minister terminates the term of tenure of his or her office; or

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

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

            (a)         if, in the opinion of the Minister, 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 opinion of the Minister, 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 Committee of which the member had notice.

        (3)         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.

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

        [Section 340F inserted: No. 19 of 2016 s. 46.]



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