Agriculture Protection Board Act Amendment Act 1960 (WA)

No. 70.] Agriculture Protection Board. [1960.

AGRICULTURE PROTECTION

BOARD.

9° Elizabeth II., No. LXX.

No. 70 of 1960.

AN ACT to amend the Agriculture Protection Board

Act, 1950-1957.

[Assented to 5th December, 19601

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

and cltation. 1. (1) This Act may be cited as the Agriculture

Protection Board Act Amendment Act, 1960.

(2) In this Act the Agriculture Protection Board

Act, 1950-1957, is referred to as the principal Act.

(3) The principal Act, as amended by this Act, may be cited as the Agriculture Protection Board Act, 1950-1960.

1960.] Agriculture Protection Board. [No. 70.

2.    This Act shall come into operation on a day arg,enee-

to be fixed by proclamation.

3. Section five of the principal Act is repealed and 2.S repealed and

re-enacted with amendments as follows:— re-enacted.

5. (1) For the purposes of co-ordinating the 'I' n nghiscu/ture

administration of the Noxious Weeds Act and 73 zooatiec f tor

the Vermin Act and the provisions of the Road mst1L. carrying this Act into effect, there shall be a board constituted as provided in this section which shall be called The Agriculture Protection Board of Western Australia.

(2) The Protection Board shall consist of =„.

eleven members, including the Chairman.

(3) The members of the Protection Board

shall be

(a) the Director of Agriculture, or his eTzh or cis c 0

deputy, who shall be Chairman, the members. be the Chief Executive Officer, and an officer of the State Treasury, each by virtue of his office; or, while any of those offices is vacant, the person acting in that office; and

(b) eight persons appointed by the Egmllnee Governor to hold office for a period of members.

three years.

(4) Of the eight persons mentioned in =gm

paragraph (b) of subsection (3) of this section

(a)	two shall be chosen from a panel of the names of five persons submitted by the body known as The Farmers' Union of Western Australia (Inc.);
(b)	one shall be chosen from a panel of the names of three persons submitted by the body known as The Pastoralists' & Graziers' Association of Western Aus- tralia (Incorporated); and

No. 70.] Agriculture Protection Board. [1960.

five shall represent the body known as

(c) the Road Board Association of Western Australia, or any body, being an association of Shire Councils, which may succeed that Association, of whom-

(i)    one shall be chosen from a panel of the names of three persons, submitted by that Association, of which persons each shall be a member of the Board of a different Road District referred to in Division 1 of the Schedule to this Act;

(ii)    one shall be chosen from a panel of the names of three persons, submitted by that Association, of which persons each shall be a member of the Board of a different Road District referred to in Division 2 of the Schedule to this Act; and

(iii)    three shall be chosen from a panel of the names of six persons, submitted by that Association, of which persons each shall be a member of the Board of a different Road District referred to in Division 3 of the Schedule to this Act.

Procedure on

default of

(5) The Minister shall, as the occasion requires, by notice in writing to the secretary of any body mentioned in subsection (4) of this section require that body to submit a panel of names, as therein provided, within such period, being not less than one month, as may be stipulated in the notice and if, upon the expiration of the period so stipulated, or such extension of that period as the Minister thinks fit and is hereby authorised to grant, he has not received the required panel of names the

nomination.

Agriculture Protection Board. [No. 70. Minister shall nominate such person as, having regard to the category in respect of which the panel was required, he thinks fit.

1960.]

(6) Upon the appointment of eight persons, fra one a ctr n

as provided by paragraph (b) of subsection (3) :=Les other than any of the three ex officio members, is terminated.

of this section, the office of member of the

(7) The Protection Board shall be a body „Bpbaargy

corporate with perpetual succession and a corporate.

common seal, and may sue and be sued and

shall have power to purchase, take, hold, sell,

lease, exchange, mortgage and dispose of real

and personal property.

(8) Meetings of the Protection Board shall Meetings.

be held at such times as may be prescribed and until prescribed, when convened by the Chairman.

(9) The Protection Board shall conduct its Proceedings.

proceedings in such manner as may be pre- scribed and until prescribed, as the Protection Board shall determine, but in any case

(a)	five members shall constitute a quorum for the conduct of business;
(b)	all matters shall be determined by a majority of the votes of the members present, and where there is an equality of votes the question is to be deter- mined in the negative;
(c)	each member, including the Chairman, shall be entitled to one vote only on the determination of any matter; and
(d)	in the absence of the Chairman, at any meeting, the members present shall appoint one of their number then present to be Chairman of that meeting.

No. 70.] Agriculture Protection Board. [1960.

Vacancy

not to affect	(10) The Protection Board may act and exercise all of its powers, notwithstanding any vacancy in membership, and no act or proceed- ing of the Protection Board shall be invalid or illegal in consequence only of any vacancy in membership existing at the time of any act or proceeding.
Board's
functions.
Deputies.
(11) (a) The Minister may, in respect of any member of the Protection Board, appoint a person to be the deputy of that member and to represent the same interests as that member.

(b)

Any person appointed to be the deputy of a member shall, in the event of the absence of the member, have all the powers of that member during his absence.

(c)

No appointment of and no act done in that capacity by a deputy shall be questioned on the ground that the occasion for his appoint- ment had not arisen, or had ceased.

Acceptance

of office.	(12) Acceptance of, or acting in the office of member or deputy member or Chief Executive Officer of the Protection Board by any person shall not of itself render the provisions of the Public Service Act, 1904; the Public Service Appeal Board Act, 1920; the Government Employees (Promotions Appeal Board) Act, 1945; or the Superannuation and Family Benefits Act, 1938, applicable to him nor affect the application of those provisions to him if they applied to him at the time of the accept- ance of or acting in the office.
Allowances
and re-	(13) Every member of the Protection Board shall be entitled to such allowances and remuneration for his services as may be prescribed.
muneration.

Minutes. (14) The Protection Board shall cause to be

kept minutes of all its proceedings in such manner and form as the Minister may direct or approve.

1960.] Agriculture Protection Board. [No. 70.

S. 5A

4. The principal Act is amended by adding after added.

section five the following section:-

5A. Any Act or thing done, or purporting to have been done, under this Act, by the Protection Board, prior to the commencement of the Agriculture Protection Board Act Amend- ment Act, 1960, is hereby ratified as lawful, confirmed and validated. Validation.

5.    The principal Act is amended by adding, after =re

section thirty-three, the following Schedule:—

SCHEDULE.

Division 1: Coolgardie, Dundas, Esperance, Kalgoorlie, S. 5.

Laverton, Leonora, Menzies, Phillips River and

Yilgarn Road Districts.

Division 2: Ashburton, Black Range, Broome, Cue, Gascoyne-Minilya, Halls C r e e k, Marble Bar, Meekatharra, Mount Magnet, Murchison, Nullagine, Port Hedland, Roebourne, Shark Bay, Tableland, Upper Gascoyne, West Kimberley, Wiluna, Wynd- ham and Yalgoo Road Districts.

Division 3: Any Road District not mentioned in

Divisions 1 and 2 of this Schedule.