Geraldton Mid-West Development Authority Act 1988 (WA)

WESTERN AUSTRALIA

GERALDTON MID-WEST

DEVELOPMENT AUTHORITY ACT

1988

(No. 4 of 1988)

ARRANGEMENT

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

3. Interpretation

PART 2—GERALDTON MID-WEST DEVELOPMENT AUTHORITY

Division 1—Establishment of Authority

4. Establishment of Geraldton Mid-West Development Authority

5. Board of management of Authority

6. Membership of Board

7. Constitution and proceedings of Board

8. Remuneration and allowances of certain Board members and members of Board committees

9. Protection of Board members and members of Board committees

10.

Disclosure of pecuniary interests

Section

Division 2—Functions and powers of Authority

11. Functions of Authority

12. Powers of Authority

13. Directions by Minister

Division 3—Director and other staff of Authority

14. Appointment and functions of Director and other staff and engagement of consultants

15. Use of staff and facilities of Departments, agencies and instrumentalities

16. Secrecy

Division 4—Financial provisions

17. Funds of Authority

18. Borrowing by Authority from Treasurer

19. Borrowing by Authority generally

20. Guarantee by Treasurer

21. Temporary investment of funds

22. Application of Financial Administration and Audit Act 1985

PART 3—GERALDTON MID-WEST DEVELOPMENT

AUTHORITY ADVISORY COMMITTEE

23. Establishment and functions of Geraldton Mid-West Development Authority Advisory Committee

24. Composition of Advisory Committee

25. Constitution and proceedings of Advisory Committee

26. Remuneration and allowances of Advisory Committee members

27. Protection of Advisory Committee members and others

28. Disclosure of pecuniary interests of Advisory Committee members

PART 4—GENERAL

29. Execution of documents by Authority

30. Proceedings not affected by irregularities

31. Regulations

32. Review of Act

33. Amendment of Parliamentary Commissioner Act 1971

34. Amendment of Financial Administration and Audit Act 1985

SCHEDULE 1

LOCAL AUTHORITIES COMBINED DISTRICTS OF

WHICH CONSTITUTE GERALDTON MID-WEST REGION

SCHEDULE 2

CONSTITUTION AND PROCEEDINGS OF BOARD

1. Term of office of appointed Board member

2. Vacation of office by appointed Board member

3. Temporary Board members

Meetings of Board

5. Delegation by Board

Section

6. Board committees

7. Resolution may be passed without meeting

8. Leave of absence

9. Board to determine own procedures

SCHEDULE 3

CONSTITUTION AND PROCEEDINGS OF ADVISORY COMMITTEE

1. Term of office of Advisory Committee member

2. Extraordinary vacancies

3. Meetings of Advisory Committee

4. Advisory Committee sub-committees

5. Leave of absence

6. Advisory Committee to determine own procedures

WESTERN AUSTRALIA

GERALDTON MID-WEST

DEVELOPMENT AUTHORITY ACT

1988

No. 4 of 1988

AN ACT to establish a Geraldton Mid-West Development Authority to plan, co-ordinate and promote the economic and social development of the Geraldton Mid-West Region of Western Australia and a Geraldton Mid-West Development Authority Advisory Committee to advise that Authority in the exercise and performance of its functions, to amend the

Parliamentary Commissioner Act 1971, and the Financial Administration and Audit Act 1985 and to provide for

matters incidental to or connected with the foregoing.

[Assented to 30 June 1988]

The Parliament of Western Australia enacts as follows:

PART 1-PRELIMINARY

Short title

1. This Act may be cited as the Geraldton Mid-West Development

Authority Act 1988.

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Commencement

The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation.

Interpretation

3. In this Act, unless the contrary intention appears

"Advisory Committee chairman" means chairman of the Advisory Committee appointed under section 24 (1) (a);

"Advisory Committee member" means

(a)	Advisory Committee chairman; or
(b)	member of the Advisory Committee appointed under-

(i) section 24 (4) or (5); or

(ii) clause 2 (4) of Schedule 3;

"Advisory sub-committee" means committee appointed under clause 4 (1) of Schedule 3;

"appointed Board member" means member of the Board appointed under section 6 (1) and includes temporary Board member;

"Board chairman" means chairman of the Board appointed under

section 6 (1);

"Board committee" means committee appointed under clause 6 (1) of Schedule 2;

"Board member" means Director or appointed Board member;

"deputy Board chairman" means deputy chairman of the Board appointed under section 6 (1);

"Director" means person holding or acting in the office of the Director of the Authority referred to in section 14 (1);

"district" has the meaning given by section 6 of the Local Government Act 1960;

"local authority" means municipality within the meaning of the

Local Government Act 1960;

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"temporary Board member" means person appointed to act temporarily in the place of an appointed Board member under clause 3 (1) of Schedule 2;

"the Account" means the Geraldton Mid-West Development Authority Account referred to in section 17 (2);

"the Advisory Committee" means the Geraldton Mid-West Development Authority Advisory Committee established by section 23 (1);

"the Authority" means the Geraldton Mid-West Development Authority established by section 4 (1);

"the Board" means the board of management referred to in section

5 (1);

"the Geraldton Mid-West Region" means the region constituted by the combined districts of the local authorities referred to in Schedule 1.

PART 2—GERALDTON MID-WEST DEVELOPMENT AUTHORITY

Division 1—Establishment of Authority

Establishment of Geraldton Mid-West

Development Authority

4. (1) There is hereby established a body to be called the Geraldton Mid-West Development Authority.

(2) The Authority is a body corporate with perpetual succession and a common seal and, subject to this Act, is capable of

(a)

acquiring, holding and disposing of real and personal property;

(b)

suing and being sued; and

(c)

doing and suffering all that bodies corporate may do or suffer.

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(3) The Authority is an agent of the Crown in right of the State, but nothing in this Act affects or limits the operation of the Town Planning and Development Act 1928 or the Local Government Act 1960 or the application of those Acts to any of the activities of the Authority.

Board of management of Authority

(1) The Authority shall have a board of management comprising a

chairman, a deputy chairman, the Director ex officio and 4 other

members.

(2) The Board is the governing body of the Authority with authority, in the name of the Authority, to exercise and perform the functions of the Authority.

Membership of Board

(1) The chairman, deputy chairman and other members referred to in section 5 (1) (except the Director) shall be appointed by the Minister.

(2) Appointment as a Board member under subsection (1) does not render the provisions of the Public Service Act 1978 or of any other Act applying to persons as officers of the Public Service of the State applicable to the person so appointed, or affect or prejudice the application to him of those provisions if they applied to him immediately before his appointment.

(3) The Minister shall cause each appointment under subsection (1) to be notified in the Gazette.

Constitution and proceedings of Board

7. The provisions of Schedule 2 shall have effect with respect to the constitution and proceedings of the Board.

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Remuneration and allowances of certain Board

members and members of Board committees

An appointed Board member or a member of a Board committee who is not the Director shall be paid such remuneration and travelling and other allowances as the Minister from time to time after consultation with the Public Service Commissioner determines in respect of him.

Protection of Board members and

members of Board committees

(1) A Board member is not personally liable for any act done or

omitted to be done in good faith by the Authority, the Board, a Board

committee or by him acting as a Board member.

(2) In this section

"Board member" includes member of a Board committee who is not also a Board member.

Disclosure of pecuniary interests

10.

(1) A Board member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board or a Board committee 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 Board or the Board committee, as the case requires.

(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board or the Board committee concerned, as the case requires, and the Board member shall not, unless the Minister or the Board or that Board committee otherwise determines

(a)	be present during any deliberation; or
(b)	take part in any decision,

of the Board or that Board committee with respect to the matter to which

the disclosure relates.

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(3) For the purpose of the making of a determination by the Board or the Board committee concerned, as the case requires, under subsection (2) in relation to a Board member who has made a disclosure under subsection (1), a Board member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not

(a)	be present during any deliberation of the Board or that Board committee for the purpose of making that determination; or
(b)	take part in the making of that determination by the Board or that Board committee.

(4) A Board member who contravenes or fails to comply with a provision of this section commits an offence.

Penalty: $5 000 or imprisonment for 3 months or both.

(5) In this section

"Board member" includes member of a Board committee.

Division 2—Functions and powers of Authority

Functions of Authority

11. The functions of the Authority are to plan, co-ordinate and promote the economic and social development of the Geraldton Mid- West Region and for that purpose

(a)	to provide a framework within which local authorities, statutory bodies, representatives of industry and commerce, employer and employee organizations, education and training institutions and other sections of the community within the Geraldton Mid-West Region may formulate co-ordinated action for the economic and social development of the Geraldton Mid-West Region;
(b)	to co-operate with Departments of the Public Service of the State and State agencies and instrumentalities;
(c)	to promote individual projects in the Geraldton Mid-West Region;
(d)	to consult, and have regard to the representations of-

(i) Departments of the Public Services of, and other agencies and instrumentalities of, both the State and the

Commonwealth;

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(ii) local authorities; and

(iii) statutory bodies;

(e)	to undertake major economic and other studies of the Geraldton Mid-West Region;
(f)	to provide local authorities in the Geraldton Mid-West Region with information gained by studies referred to in paragraph (e) and by other research; and
(g)	generally to take steps to encourage, promote, facilitate or assist economic and social development in the Geraldton Mid-West Region.

Powers of Authority

12. (1) The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act.

(2) Without limiting the generality of subsection (1), the powers of the Authority referred to in that subsection include power

(a)	to purchase, sell, lease, take on lease, mortgage, exchange or otherwise acquire, deal in or dispose of real and personal property;
(b)	to improve, develop or alter real property;
(c)	to divide land, provide energy, water and other services, build roads and construct other works;
(d)	to appoint agents and attorneys;
(e)	to give directions to the Director and other officers referred to in section 14 (1); and
(f)	to do anything incidental to any of its powers under this Act.

(3) In performing its functions and exercising its powers, the Authority may act alone or in conjunction with

(a)

any person, firm or body corporate; or

(b)

any Department of the Public Service, or other agency or

instrumentality, of the State or the Commonwealth.

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Directions by Minister

13. The Minister may, from time to time and either generally or with

respect to a particular matter, give directions to the Authority with respect to the exercise and performance of its functions, and the Authority shall give effect to those directions.

Division 3—Director and other staff of Authority

Appointment and functions of Director and other staff and engagement of consultants

14. (1) There shall be appointed under and subject to the Public Service Act 1978 a Director of the Authority and such other officers as may be necessary to enable the Authority to exercise and perform its functions.

(2) Subject to this Act, the functions of the Director are, subject to directions given to him under section 12 (2) (e), to administer the day to day operations of the Authority and generally to exercise and perform the functions conferred or imposed on him in his capacity as the Director by or under this Act.

(3) The Director or another officer referred to in subsection (1) shall comply with any direction given to him under section 12 (2) (e).

(4) The Authority may, with the prior approval of the Minister, engage under contracts for services such consultants and professional or technical or other assistance as it considers necessary to enable the Authority to exercise and perform its functions.

Use of staff and facilities of Departments, agencies and instrumentalities

15. The Authority may, by arrangement made between it and the

Minister concerned, and on such terms and conditions as may be mutually arranged by it with that Minister and with the Public Service Commissioner, make use, either full-time or part-time, of

(a)

the services of any officer or employee employed in the Public Service of the State or in a State agency or instrumentality or otherwise in the service of the Crown in right of the State; or

(b)

any facilities of a Department of the Public Service of the State

or of a State agency or instrumentality.

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Secrecy

16. (1) A person to whom this section applies shall not, either directly or indirectly, except in the exercise or performance of a function under or in connection with this or any other Act

(a)	make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Act; or
(b)	produce to any person any document relating to the affairs of another person furnished for the purposes of this Act.

Penalty: $2 500.

(2) This section applies to every person who is or has been a Board member, a member of a Board committee, an Advisory Committee member, a member of an Advisory sub-committee, the Director or another officer referred to in section 14 (1), or is rendering or has rendered services to the Authority under section 14 or 15.

Division 4—Financial provisions

Funds of Authority

17. (1) The funds available for the purpose of enabling the Authority

to exercise and perform its powers, functions and duties under this Act

consist of

(a)

moneys from time to time appropriated by Parliament;

(b)

moneys advanced to the Authority from moneys referred to in paragraph (a);

(c)

all moneys received by the Authority from performing any of its functions under this Act;

(d)

all moneys borrowed by the Authority under section 18 or 19;

(e)

the proceeds of sales by the Authority of land or any interest in land;

(f)

rents derived from land leased by the Authority; and

(g)

any moneys, other than moneys referred to in paragraphs (a), (b), (c), (d), (e) and (f), lawfully received by, made available to or

payable to the Authority.

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(2) The funds referred to in subsection (1) shall be paid into and placed to the credit of an account at the Treasury to be called the "Geraldton Mid-West Development Authority Account".

(3) There shall be paid from the moneys from time to time in the Account

(a)	interest on and repayments of moneys borrowed by or advanced to the Authority under this Act;
(b)	the remuneration and travelling and other allowances payable to Board members, members of Board committees, the Director and other officers referred to in section 14 (1) and Advisory Committee members;
(c)	the expenses of the Advisory Committee or of any Advisory sub- committee in exercising or performing its functions; and
(d)	all expenditure, other than expenditure referred to in paragraphs (a), (b) and (c), lawfully incurred by the Authority in the exercise or performance of its functions.

Borrowing by Authority from Treasurer

(1) The Authority may borrow from the Treasurer such amounts

as the Treasurer approves on such conditions relating to repayment and

payment of interest as the Treasurer imposes.

18.

(2) By virtue of this subsection the Account and the assets of the Authority are charged with the due performance by the Authority of all obligations arising from any advance made under this section.

Borrowing by Authority generally

(1) The provisions of this section are in addition to, and not in derogation from, the provisions of section 18.

19.

(2) The Authority may

(a)

with the prior approval of the Treasurer in writing and on such terms and conditions as he approves, borrow moneys for the purpose of exercising and performing its functions; and

(b)

borrow moneys under this subsection on the guarantee of the

Treasurer given under section 20.

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(3) Any moneys borrowed by the Authority under subsection (2) may be raised as one loan or as several loans and in such manner as the Treasurer approves, but the amount of the moneys so borrowed shall not in any one financial year exceed in the aggregate such amount as the Treasurer approves.

Guarantee by Treasurer

20. (1) The Treasurer may, in the name and on behalf of the Crown

in right of the State, guarantee, in such form and subject to such terms as he determines, the payment of any moneys payable by the Authority in respect of moneys borrowed by it under section 19.

(2) The due payment of moneys payable by the Treasurer under a guarantee given by him under subsection (1)-

(a)	is hereby guaranteed by the State; and
(b)	shall be made by the Treasurer out of the Consolidated Revenue Fund, which to the necessary extent is appropriated accordingly.

(3) By virtue of this subsection the Account and the assets of the Authority are charged with the due repayment of any payment made by the Treasurer under a guarantee given by him under subsection (1) and with the performance and observance by the Authority of any covenants and conditions which the Treasurer imposes as a term of that guarantee.

(4) The Treasurer shall cause any amounts received or recovered from the Authority or otherwise in respect of any payment made by the Treasurer under a guarantee given by him under subsection (1) to be paid into the Consolidated Revenue Fund.

(5) Before a guarantee is given by the Treasurer under subsection (1), the Authority shall give to the Treasurer such security as the Treasurer requires and shall execute all such instruments as are necessary for the purpose.

Temporary investment of funds

21. The Authority may, with the approval of the Treasurer,

temporarily invest moneys standing to the credit of the Account in such manner and in such categories of investment as are approved by the Treasurer until those moneys are required for the purpose of the exercise

or performance of the functions of the Authority.

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Application of Financial Administration

and Audit Act 1985

22. The provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Authority and its operations.

PART 3-GERALDTON MID-WEST DEVELOPMENT

AUTHORITY ADVISORY COMMITTEE

Establishment and functions of Geraldton Mid-West

Development Authority Advisory Committee

23. (1) There is hereby established a committee to be known as the

Geraldton Mid-West Development Authority Advisory Committee.

(2) The functions of the Advisory Committee are-

(a)	to advise the Authority on the exercise and performance of the functions of the Authority;
(b)	to ensure that the Authority has regular access to a broad cross- section of community views on matters of social and economic development; and
(c)	to comment on, and carry out research into, development opportunities referred by the Board to the Advisory Committee.

(3) The Advisory Committee shall have and may exercise such powers

as are necessary for or incidental to the performance of its functions.

Composition of Advisory Committee

24. (1) The Advisory Committee shall comprise

(a)	one Board member appointed by the Minister on the nomination of the Board chairman to be the chairman of the Advisory Committee; and
(b)	not more than 14 other members-

(i) of whom a number fixed under subsection (3), being not less than 6, are persons appointed under subsection (4);

and

(ii) of whom a number fixed under subsection (3), being not

less than 6, are persons appointed under subsection (5).

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(2) The Minister shall appoint one of the Advisory Committee members to be the deputy chairman of the Advisory Committee.

(3) For the purpose of subsection (1) (b), the Minister shall, before the making of the first appointments under subsection (4) or (5), fix the number of persons to be appointed under that subsection by notice in writing served on the Board chairman, and may from time to time alter that number by notice in writing so served.

(4) For the purpose of appointing the Advisory Committee members referred to in subsection (1) (b) (0—

(a) the Board chairman shall

(i) cause advertisements calling for the submission to him of the names of persons resident in the Geraldton Mid-West Region and able and willing to be candidates for appointment as Advisory Committee members to be placed in newspapers circulating in the Geraldton Mid- West Region;

(ii) invite such economic or social organizations as he thinks fit to submit to him the names of persons resident in the Geraldton Mid-West Region and able and willing to be candidates for appointment as Advisory Committee members;

(iii) select a panel of the names of persons referred to in subparagraphs (i) and (ii) from the names of persons submitted in response to the advertisements and invitations referred to in those subparagraphs, which panel shall contain the names of twice as many persons as there are vacancies in the number for the time being fixed under subsection (3) in relation to this subsection; and

(iv) submit the panel of names referred to in subparagraph (iii) to the Minister;

and

(b) the Minister shall appoint from the panel of names submitted to

him under this subsection a sufficient number of persons to fill

the vacancies in the number referred to in paragraph (a) (iii).

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(5) For the purpose of appointing the Advisory Committee members referred to in subsection (1) (b)

(a) the Board chairman shall

(i) simultaneously request each local authority in the Geraldton Mid-West Region to submit to him the names of persons resident in the Geraldton Mid-West Region and able and willing to be candidates for appointment as Advisory Committee members;

(ii) select a panel of the names of persons referred to in subsection (1) from the names of persons submitted in response to his requests made under that subsection, which panel shall contain the names of twice as many persons as there are vacancies in the number for the time being fixed under subsection (3) in relation to this subsection; and

(iii) submit the panel of names referred to in subparagraph (ii) to the Minister;

and

(b) the Minister shall appoint from the panel of names submitted to him under this subsection a sufficient number of persons to fill the vacancies in the number referred to in paragraph (a) (ii).

(6) The Minister shall, in appointing persons under subsection (4) or (5), ensure as far as is practicable that the Advisory Committee is representative of the interests of the people of the Geraldton Mid-West Region and, without limiting the generality of the foregoing, includes persons from local authorities, statutory bodies, industry and commerce, employer and employee organizations, education and training institutions and other sections of the community within the Geraldton Mid-West Region.

(7) Appointment as an Advisory Committee member does not render the Public Service Act 1978 or any Act applying to persons as officers of

the Public Service of the State applicable to the person so appointed, or affect or prejudice the application to him of that Act if it applied to him immediately before his appointment.

(8) The Minister shall cause each appointment made under subsection (4) or (5) to be notified in the Gazette.

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Constitution and proceedings

of Advisory Committee

25.

The provisions of Schedule 3 shall have effect with respect to the constitution and proceedings of the Advisory Committee.

Remuneration and allowances of

Advisory Committee members

An Advisory Committee member shall be paid such remuneration and travelling and other allowances as the Minister from time to time after consultation with the Public Service Commissioner determines in respect of him.

26.

Protection of Advisory Committee

members and others

27.

(1) An Advisory Committee member is not personally liable for any act done or omitted to be done in good faith by the Advisory Committee or an Advisory sub-committee or by him acting as an Advisory Committee member.

(2) In subsection (1)—

"Advisory Committee member" includes member of an Advisory sub-committee who is not also an Advisory Committee member.

Disclosure of pecuniary interests of

Advisory Committee members

28.

(1) An Advisory Committee member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Advisory Committee or by an Advisory sub-committee 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 Advisory Committee

or of the Advisory sub-committee, as the case requires.

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(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Advisory Committee or of the Advisory sub- committee concerned, as the case requires, and the Advisory Committee member shall not, unless the Minister or the Advisory Committee or that Advisory sub-committee otherwise determines

(a)	be present during any deliberation; or
(b)	take part in any decision,

of the Advisory Committee or of that Advisory sub-committee with

respect to the matter to which the disclosure relates.

(3) For the purpose of the making of a determination by the Advisory Committee or by the Advisory sub-committee concerned, as the case requires, under subsection (2) in relation to an Advisory Committee member who has made a disclosure under subsection (1), an Advisory Committee member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not

(a)	be present during any deliberation of the Advisory Committee or of that Advisory sub-committee for the purpose of making that determination; or
(b)	take part in the making of that determination by the Advisory Committee or by that Advisory sub-committee.

(4) In this section

"Advisory Committee member" includes member of an Advisory sub-committee who is not an Advisory Committee member.

PART 4-GENERAL

Execution of documents by Authority

29. (1) A document is duly executed by the Authority, if

(a)	the common seal of the Authority is affixed to it in accordance with subsections (2) and (3); or
(b)	it is signed on behalf of the Authority by the Board member or Board members or officer or officers of the Authority authorized by the Board to do so.

(2) The common seal of the Authority shall not be affixed to any document except by resolution of the Board.

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(3) The common seal of the Authority shall be affixed to a document in the presence of the Board chairman and one other Board member and each of them shall sign the document to attest that that common seal was so affixed.

(4) A document purporting to be executed in accordance with this

section shall be presumed to be duly executed until the contrary is shown.

(5) When a document is produced bearing a seal purporting to be the common seal of the Authority, it shall be presumed that that seal is the common seal of the Authority until the contrary is shown.

Proceedings not affected by irregularities

30. An act, decision or proceeding of the Board or a Board

committee or of the Advisory Committee or an Advisory sub-committee

shall not be invalid or called in question by reason only of

(a)	any vacancy in the Board or Board committee or in the Advisory Committee or Advisory sub-committee; or
(b)	any defect or irregularity in appointment to an office under this Act.

Regulations

31. (1) The Governor may make regulations prescribing all matters

that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.

(2) Regulations made under this section may prescribe a penalty not exceeding $2 500 for any contravention of those regulations.

Review of Act

32. (1) The Minister shall carry out a review of the operation and

effectiveness of this Act as soon as is practicable after the expiry of 5 years from its commencement and in the course of that review the Minister shall consider and have regard to

(a)

the effectiveness of the operations of the Authority and the

Advisory Committee;

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(b)	the need for the continuation of the functions of the Authority and the Advisory Committee; and
(c)	such matters, other than those referred to in paragraphs (a) and (b), as appear to him to be relevant to the operation and effectiveness of this Act.

(2) The Minister shall prepare a report based on his review made under subsection (1) and shall, as soon as is practicable after that preparation, cause that report to be laid before each House of Parliament.

Amendment of Parliamentary Commissioner Act 1971

The Schedule to the Parliamentary Commissioner Act 1971* is amended by inserting in the appropriate alphabetical position the

33.

following-

Geraldton Mid-West Development Authority and Geraldton Mid- West Development Authority Advisory Committee established by the Geraldton Mid-West Development Authority Act 1988. ".

[*Reprinted as approved 19 July 1983 and amended by Acts Nos. 124 of 1984, 69, 92, 98, 107 and 110 of 1985, 39, 51 and 101 of 1986 and 9, 47, 50, 89, and 113 of 1987.]

Amendment of Financial Administration

and Audit Act 1985

34. Schedule 1 to the Financial Administration and Audit Act 1985*

is amended by inserting in the appropriate alphabetical position the

following-

" Geraldton Mid-West Development Authority. ".

[*Reprinted as at 4 March 1987 and amended by Acts Nos. 9, 32, 65, 89 and 113 of 1987.]

SCHEDULE 1

(Section 3)

LOCAL AUTHORITIES COMBINED DISTRICTS OF WHICH

CONSTITUTE GERALDTON MID-WEST REGION

The Shires of Carnamah, Chapman Valley, Coorow, Cue, Greenough, Irwin, Meekatharra, Mingenew, Morawa, Mt. Magnet, Mullewa, Murchison, Northampton, Perenjori,

Sandstone, Three Springs, Wiluna and Yalgoo and the City of Geraldton.

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SCHEDULE 2

(Section 7)

CONSTITUTION AND PROCEEDINGS OF BOARD

Term of office of appointed Board member

1. (1) Except as otherwise provided by this Act, an appointed Board member shall hold office for such term, being not more than 3 years, as is specified in his instrument of appointment, but he may from time to time be reappointed.

(2) An appointed Board member, unless he sooner dies or resigns or is removed from office, shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

Vacation of office by appointed Board member

2. (1) An appointed Board member may resign his office by notice in writing delivered

to the Minister.

(2) An appointed Board member may be removed from office at any time by the

Minister

(a) for-

(i) mental or physical incapacity;

(ii) incompetence;

(iii) neglect of duty; or

(iv) misconduct,

impairing the performance of his functions as a member and proved to the

satisfaction of the Minister;

(b)	if he is an insolvent under administration within the meaning of the

Companies (Western Australia) Code; or

Board of which he has had notice.

Temporary Board members

3. (1) If an appointed Board member is unable to act by reason of sickness, absence or other cause, the Minister may appoint another person to act temporarily in his place, and while so acting according to the tenor of his appointment the other person has all the functions of a Board member.

(2) No act or omission of a person acting in place of another under this clause shall be questioned on the ground that the occasion for his appointment or acting had not arisen or had ceased.

(3) The appointment of a person as a temporary Board member may be terminated at any time by the Minister.

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Meetings of Board

4. (1) The first meeting of the Board shall be convened by the Board chairman and thereafter, subject to subclause (2), meetings of the Board shall be held at such times and places as the Board determines.

(2) A special meeting of the Board may at any time be convened by the Board

chairman.

(3) At a meeting of the Board the Board chairman or, in his absence, the deputy Board chairman shall preside.

(4) At any meeting of the Board 4 Board members constitute a quorum.

(5) At any meeting of the Board

(a)	each Board member present is entitled to a deliberative vote;
(b)	subject to paragraph (c), if the votes cast on a question are equally divided, the question shall remain unresolved until a subsequent meeting of the Board; and
(c)	if the votes cast on a question at a previous meeting of the Board were equally divided and the votes cast on the question at a subsequent meeting of the Board are again equally divided, the question shall be deemed lost.

(6) The Board shall cause accurate minutes to be kept of the proceedings at its

meetings.

Delegation by Board

5. (1) The Board may, by resolution, delegate to an appointed Board member, the Director or another officer referred to in section 14 (1) or a Board committee (in this clause called "the delegate"), either generally or otherwise as provided by the instrument of delegation, all or any of its functions (except this power of delegation).

(2) A function delegated under this clause may be exercised or performed by the delegate in accordance with the instrument of delegation and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Board.

Board committees

6. (1) The Board may from time to time by resolution appoint a committee consisting

(a)	such Board members; or
(b)	such Board members and such other persons,

as it thinks fit for the purpose of assisting or advising the Board on any aspect of the functions of the Board and may discharge, alter, continue or reconstitute any committee

so appointed.

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(2) Subject to the directions of the Board, each Board committee may determine its own procedures.

(3) A Board committee shall report to the Board on a matter referred to it by the Board within such period as the Board directs.

Resolution may be passed without meeting

7. A resolution in writing signed or assented to by letter or telegram by each Board member shall be as valid and effectual as if it had been passed at a meeting of the Board.

Leave of absence

8. The Board may grant leave of absence to a Board member on such terms and conditions as it thinks fit.

Board to determine own procedures

9. Subject to this Act, the Board shall determine its own procedures.

SCHEDULE 3

(Section 25)

CONSTITUTION AND PROCEEDINGS OF ADVISORY COMMITTEE

Term of office of Advisory Committee member

1. (1) Except as otherwise provided by this Act, an Advisory Committee member shall

hold office for such term, being not more than 2 years, as is specified in his instrument of

appointment, but he may from time to time be reappointed.

(2) An Advisory Committee member, unless he sooner dies or resigns or is removed from office, shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

Extraordinary vacancies

2. (1) An Advisory Committee member may resign his office by notice in writing delivered to the Minister.

(2) An Advisory Committee member may be removed from office at any time by the

Minister

(a) for-

(i) mental or physical incapacity;

(ii) incompetence;

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(iii) neglect of duty; or

(iv) misconduct,

impairing the performance of his functions as a member and proved to the

satisfaction of the Minister;

(b)	if he is an insolvent under administration within the meaning of the

Companies (Western Australia) Code; or

(c)	if he is absent without leave of the Advisory Committee from 3 consecutive meetings of the Advisory Committee of which he has had notice.

(3) If an Advisory Committee member dies or resigns or is removed from office, the vacancy shall be deemed to be an extraordinary vacancy.

(4) In the case of an extraordinary vacancy in the office of an Advisory Committee

member

(a)	referred to in section 24 (1) (b) (i), the Minister may appoint a person from the most recent panel of names submitted to him under section 24 (4) (a); or
(b)	referred to in section 24 (1) (b) (ii), the Minister may appoint a person from the most recent panel of names submitted to him under section 24 (5) (a),

to be an Advisory Committee member referred to in section 24 (1) (b) (i) or (ii), as the

case requires, for the residue of the term of the former holder of that office.

Meetings of Advisory Committee

3. (1) The first meeting of the Advisory Committee shall be convened by the Advisory Committee chairman and thereafter, subject to subclauses (2) and (3), meetings of the Advisory Committee shall be held at such times and places as the Advisory Committee determines.

(2) Ordinary meetings of the Advisory Committee shall be held at intervals not exceeding 3 months.

(3) A special meeting of the Advisory Committee may at any time be convened by the Advisory Committee chairman.

(4) At any meeting of the Advisory Committee, the Advisory Committee chairman or, in his absence, the deputy chairman appointed under section 24 (2) shall preside, but if both the Advisory Committee chairman and that deputy chairman are absent from such a meeting the Advisory Committee members present shall appoint one of their number to preside at that meeting.

(5) At any meeting of the Advisory Committee

(a)

a majority of the Advisory Committee members constitutes a quorum;

(b)

each Advisory Committee member present, other than the person presiding at that meeting, is entitled to a deliberative vote; and

(c)

if the voting on a question is equally divided, the person presiding at that

meeting has a casting vote.

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(6) The Advisory Committee shall cause accurate minutes to be kept of the proceedings at its meetings and shall submit to the Authority a copy of the minutes of each meeting within 14 days of the date on which that meeting was held.

Advisory Committee sub-committees

4. (1) The Advisory Committee may from time to time appoint a committee consisting

(a) such Advisory Committee members; or

(b)	such Advisory Committee members and such other persons,

as it thinks fit and may discharge, alter, continue or reconstitute any committee so

appointed.

(2) Subject to the directions of the Advisory Committee, each Advisory sub- committee may determine its own procedures.

Leave of absence

5. The Advisory Committee may grant leave of absence to an Advisory Committee

member on such terms and conditions as it thinks fit.

Advisory Committee to determine own procedures

6. Subject to this Act, the Advisory Committee shall determine its own procedures.