Western Australian Repealed Regulations

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This legislation has been repealed.

ESPERANCE PORT AUTHORITY REGULATIONS 1969 - THIRD SCHEDULE

MANAGEMENT AND CONDUCT OF BUSINESS AT MEETINGS OF THE MEMBERS

1.                 General Conduct of Business. In any case occurring in connection with the conduct of business that is not herein provided for, resort shall be had to the rules, forms, and usages of the Legislature of Western Australia, and they shall be followed, as far as they may reasonably be applied to the proceedings of the Port Authority.

2.                 Minutes of Meetings to be Read at Next Subsequent Meeting. At every ordinary meeting of the members, the first business thereof shall be the reading and putting a question for the confirmation of the minutes of the proceedings at the preceding meeting; and discussion shall not be permitted thereon, except as to their accuracy as a record of the proceedings; and if confirmed the minutes shall then be signed by the Chairman.

3.                 Order of Business at Ordinary Meetings. After the signing of the minutes, as provided by clause 2, the order of business of an ordinary meeting shall, except as may, for the greater convenience of the members at any particular meeting of the Port Authority, be altered by resolution, be as nearly as is practicable as follows: — 

            (a)         reading of copies of letters sent by the authority of the Port Authority;

            (b)         reading of letters received, and considering and ordering thereon;

            (c)         reception and reading of petitions and memorials;

            (d)         receiving deputations;

            (e)         presentation of schedule of receipts and disbursements and passing of accounts;

            (f)         presentation of reports of Chairman and of Committees, and considering and ordering thereon; postponed items of former reports of Committee taking precedence over new business brought up by Committees;

            (g)         orders of the day, including subjects continued from proceedings of former meetings and any business the Chairman may think desirable, with the consent of the Port Authority;

            (h)         motions of which previous notice has been given; and

                  (i)         notices of motion for consideration at following meetings.

4.                 Order of Business at Special Meetings. The order of business at a special meeting shall be the order in which such business stands in the notice thereof.

5.                 Motions. Every notice of motion shall be dated, signed, and given by the intending mover to the general manager, either at a meeting of the Port Authority or 3 clear days, at the least, prior to the holding of any ordinary meetings; and the general manager shall enter every motion in the Notice of Motion Book, in the order in which they were received; and each member shall receive a copy of every notice of motion with the ordinary notice of meeting.

6.                 Motion Not To Be Proceeded With, in Absence of Member Giving the Notice, Except by His Authority. A motion entered in the Notice of Motion Book shall not be proceeded with, in the absence of the member who gave notice of it, unless by some other member having authority from him in that regard.

7.                 Order of Debate. Any member desirous of making a motion or amendment or of taking part in discussion thereon shall address the Chair, and shall not be interrupted, unless called to order, whereupon he shall remain silent, until the member calling to order has been heard thereon and the question of order disposed of; whereafter the member having the floor may, subject to the ruling of the Chairman, proceed with the subject.

8.                 Motion Not To Be Withdrawn Without Leave. A motion or amendment shall not be withdrawn, without the consent of the majority of the members present.

9.                 Motion to be Seconded. A motion or amendment shall not be discussed or put to the vote of the Port Authority, unless it is seconded; but a member may require the enforcement of any standing order of the Port Authority, by directing the Chairman’s attention to the infraction thereof.

10.                 Mover of Motion. A member moving a motion shall be held to have spoken thereon; but a member merely seconding a motion shall not be so held.

11.                 Priority of Members. If 2 or more members attempt to speak at the same time, the Chairman shall decide which of them is entitled to priority.

12.                 Members not to Speak a Second Time on the Same Question. A member shall not speak a second time on the same question, unless entitled to reply, or in explanation, if he has been misrepresented or misunderstood.

13.                 Points of Order. The Chairman, when called upon to decide on points of order or practice, shall state the provision, rule or practice which he thinks applicable to the case, without discussing or commenting thereon; and his decision as to order or explanation shall in every case be final.

14.                 Members not to Digress, Etc. A member shall not digress from the subject matter of the question under discussion; and every imputation of improper motives and every personal reflection is out of order.

15.                 Members Called to Order to Sit Down. A member called to order shall remain silent, unless permitted to explain.

16.                 Member May Demand Documents. Any member may, of right, demand the production of any of the documents of the Port Authority applying to the question under discussion and may, at any time during business hours, have access to all the records and documents of the Port Authority.

17.                 Voting. The members shall, where any question is put to the vote, vote by show of hands.

18.                 Motions, Etc., if Required to be Reduced into Writing. At every meeting of the members all motions, whether original motions or amendments, shall, if required by the Chairman, be reduced into writing, signed by the mover and delivered to the Chairman, immediately on their being moved and seconded.

19.                 If Amendment Negatived, A Second may be Moved. Where an amendment is negatived, a second amendment may be moved to the motion to which the first-mentioned amendment was moved; but only one amendment shall be submitted to the Port Authority for discussion at any one time. If an amendment is carried, it shall then become the substantive motion, and only one amendment shall be made thereon at any one time.

20.                 Mover of Motion to have Right to Reply. The mover of every original motion, but not of any amendment, shall have the right to reply, and the question shall be put by the Chair immediately thereafter; but a member shall not be permitted to speak more than once on the same question, unless permission is given to explain or the attention of the Chair is called to a point of order.

21.                 Motion for Adjournment. A motion for adjournment of the meeting or of a debate may be moved at any time, but discussion shall not be allowed thereon.

22.                 Protests. A member of the Port Authority, may, by notice of intention given forthwith after the adoption thereof, protest against any resolution of the Port Authority. Every protest shall specify the reasons therefor and shall be entered and signed by the protesting member, at least 3 days before the next ordinary meeting of the Port Authority, in a book to be kept for that purpose at the office of the general manager. Every protest shall be noted in the minutes of the meeting at which it was made but may be expunged from the minutes, if declared by a majority of the members to have no basis in fact or to be disrespectful to the Port Authority.

23.                 Committees. Minutes of all proceedings of all Committees shall be entered in the Committees’ Minute Book.

24.                 Petitions to be Signed by Petitioners. Every petition shall be signed by the persons whose names are appended thereto, by their names or marks, and by no one else, except in case of incapacity by sickness.

25.                 Petitions to be Respectful. It is incumbent on every member presenting a petition to acquaint himself with the contents thereof, and to ascertain that it does not contain language disrespectful to the Port Authority.

        [Third Schedule amended in Gazette 19 July 1991 p.3672.]

                [Fourth Schedule repealed in Gazette 20 June 2000 p.3037.]



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