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LOCAL GOVERNMENT GRANTS ACT 1978 - SECT 5

5 .         Membership of Commission

        (1)         The members of the Commission shall be appointed by the Governor and shall consist of —

            (a)         a Chairman appointed on the nomination of the Minister; and

            (b)         one person appointed as a member and Deputy Chairman who is an officer of the Department, nominated by the chief executive officer 2 of that Department and approved by the Minister; and

            (c)         3 other members appointed on the nomination of the Minister of whom —

                  (i)         one shall be a person selected by the Minister from a panel of names submitted by WALGA representing local government districts that are in the metropolitan area; and

                  (ii)         one shall be a person selected by the Minister from a panel of names submitted by WALGA representing local government districts that are shires and are not in the metropolitan area; and

                  (iii)         one shall be a person selected by the Minister from a panel of names submitted by WALGA representing local government districts that are cities or towns and are not in the metropolitan area.

        (1a)         Terms used in subsection (1)(c) have the same meanings as in the Local Government Act 1995 .

        (2)         A panel of names referred to in subsection (1)(c) —

            (a)         shall be submitted in writing to the Minister at his request;

            (b)         shall contain the names of at least 3 persons each of whom is willing to accept appointment as a member.

        (2a)         If a panel of names is not submitted in writing under subsection (1)(c)(i), (ii) or (iii) to the Minister in accordance with the invitation of the Minister, the Minister may nominate any eligible person for appointment and that person may be appointed as if selected from a panel as required.

        (3)         The Governor may appoint a person as the deputy of a member other than the Chairman.

        (4)         The provisions of subsections (1) and (2) that apply to and in relation to the appointment of a member apply, with any necessary modification, to and in relation to the appointment of the deputy of that member.

        (5)         Subject to subsection (7) a person appointed pursuant to subsection (3) is, in the event of the absence from a meeting of the Commission of the member of whom he is the deputy, entitled to attend that meeting and, when so attending, is deemed to be a member and has all the powers, functions and duties of a member.

        (6)         Subject to subsection (7), if at any time the office of a member becomes vacant before his term of office expires, the person who was at that time the deputy of that member is, until the office of member is filled by the appointment of another member, deemed to be a member and has all the powers, functions and duties of a member.

        (7)         A person appointed pursuant to subsection (3) as the deputy of the member appointed under subsection (1)(b) is —

            (a)         in the event of the absence from a meeting of the Commission of that member, entitled to attend that meeting, and when so attending is deemed to be a member; and

            (b)         in the event that the office of that member becomes vacant before his term of office expires until the office of the member is filled by the appointment of another member, deemed to be a member,

                and while so attending or acting has all the powers, functions and duties of that member other than his powers, functions and duties as Deputy Chairman.

        [Section 5 amended: No. 56 of 1985 s. 4; No. 49 of 2004 s. 13; No. 28 of 2006 s. 367.]



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