Western Australian Current Acts

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WESTERN AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1965 - SECT 11

11 .         Vacation of office

        (1)         If a Commissioner —

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

            (b)         resigns his office by writing under his hand addressed to the Governor and his resignation is accepted by the Governor; or

            (c)         is absent, without the consent of the Minister, from 3 consecutive meetings of the Commission; or

            (d)         fails to comply with his obligation under subsection (2),

                the Governor shall, by notice in the Gazette , declare that the office of the Commissioner is vacant, and thereupon the office shall be deemed to be vacant.

        (2)         A Commissioner who is directly or indirectly interested in a contract made or proposed to be made by the Commission, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 51 persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.

        (3)         A disclosure under subsection (2) shall be recorded in the minutes of the Commission, and the Commissioner —

            (a)         shall not take part after the disclosure in any deliberation or decision of the Commission with respect to that contract; and

            (b)         shall be disregarded for the purpose of constituting a quorum of the Commission for any such deliberation or decision.

        (4)         Subsection (2) does not apply in relation to a contract of carriage of a Commissioner or of any of his goods.

        [Section 11 amended: No. 18 of 2009 s. 90.]



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