Kwinana Road District Act 1953 (WA)
| 1953.] | Kwinana Road District. | [No. 26. |
KWINANA ROAD DISTRICT.
2° Elizabeth IL, No. XXVI.
No. 26 of 1953.
AN ACT to sever portion of the Rockingham head District from that Road District, to constitute the portion a road district and place it under the control of a Commissioner under the name of Kwinana Road Board and for other purposes.
[Assented to 18th December, 1953.]
BE 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:—
1. This Act may be cited as the Kwinana Road Short title.
District Act, 1953.
2. This Act shall come into operation on a date iTenn'T"'
to be fixed by proclamation.
| 3. (1) The portion of | the Rockingham Road Road r District |
| District more particularly | delineated and coloured constituted. |
| green in the plan in the | Schedule to this Act is |
| hereby |
| (a) severed from the | Rockingham Road Dis- |
trict; and
| No. 26.] | Kwinana Road District. | 11953. |
| (b) | deemed to be a road district duly consti- tuted under the provisions of the Road Districts Act, 1919-1951, under the name of the Kwinana Road District. |
(2) Where the portion is severed from the Road District as provided in subsection (1) of this section
| (a) | section ten of the Road Districts Act, 1919- 1951, applies as if the severance were made under the provisions of section eight of that Act; |
| (b) | the land comprising the portion is not to be regarded as outlying land within the meaning of that Act. |
Commis-
| stoner may | 4. (1) During the operation of this Act there |
| be | appointed shall not be a duly elected Road Board for the |
| for |
Road District. Kwinana Road District but the Governor may, by
Order in Council, appoint a fit and proper person having a comprehensive knowledge and experience of local government matters to be Commissioner of the district.
Commis-
| iiiegeaged as 1919-1951, and all other Acts, the Commissioner so | (2) For the purposes of the Road Districts Act, appointed is to be regarded as the Board of the Kwinana Road District and Chairman of the Board and he has and may exercise in relation to the district all the functions, powers, rights, benefits, discretions, duties and liabilities of a Board and Chairman of the Board under the provisions of the Road Districts Act, 1919-1951, as though he had been duly elected and appointed as the Board and Chair- man of the Board under the provisions of that Act. |
| Commis- | 5. (1) The Commissioner shall be a body corpor- ate under the name of the Kwinana Road Board, with succession during the operation of this Act and a Common Seal and may purchase or otherwise acquire, hold, lease and alienate land. |
| sioner to be | body |
| corporate. |
stoner to be
| Judicial | (2) All courts, judges and persons acting judicially |
| notice of | |
| Commis- |
| • sioner. | shall take judicial notice of the existence and incor- poration of the Commissioner. |
| 1953.] | Kwinana Road District. | [No. 26. |
| (3) entitled to such remuneration and leave of absence renacvees. and | In respect to his office the Commissioner is tlacm | „ ,Tileorw | a -- |
as may be determined by the Governor and such fees and allowances, if any, as the Minister may determine.
(4) The Commissioner shall not without the graigibeinTd consent of the Minister engage in any business or employment. occupation for remuneration other than that of his
office as Commissioner.
6. (1) Subject to the provisions of this Act, the cTi=.
person who is first appointed as Commissioner under the provisions of this Act, shall be appointed to hold office for a term of not less than three years nor more than five years from the date of the appoint- ment, but upon expiration of the term of appoint- ment, is eligible for re-appointment for a term not exceeding two years from the date of the re-appoint- ment or during the pleasure of the Governor.
(2) Where the Commissioner is not re-appointed as provided in subsection (1) of this section, the Governor may, by Order in Council, appoint another person having the requisite qualifications to be Commissioner for a term not exceeding two years or during the pleasure of the Governor.
7. (1) Subject to the provisions of this Act, the accrgata,
office of Commissioner shall become vacant by reason mi83imier'
of the occupant
| (a) | becoming bankrupt or availing himself as a debtor of any law for the relief of bank- rupt debtors; |
| (b) | becoming of unsound mind or being declared under any law for the time being relating to mental infirmity incapable of managing his affairs; |
| (c) | participating or claiming to be entitled to participate in the profit of or in any com- mission, benefit, or emolument arising from a contract or agreement made under the powers conferred by the provisions of this |
| No. 26.] | Kwinana Road District. | 11953. |
Act by or on behalf of the Kwinana Road Board, other than such as are referred to in section thirty-five of the Constitution Acts Amendment Act, 1899-1950;
(d) resigning or dying;
| (e) | being absent from his duties for a period of one month or longer without the consent of the Minister; |
| (f) | being guilty of misbehaviour or incapacity; |
| (g) | failing to observe the provisions of the Road Districts Act, 1919-1951. |
(2) Where the office of Commissioner becomes vacant by reason of the case mentioned in paragraph (g) of the next preceding subsection, section one hundred and twenty-two of the Road Districts Act, 19194951 does not apply.
Appoint-
| ments to flu | 8. (1) When the office of Commissioner becomes vacant otherwise than by effluxion of the term for which the occupant was appointed, the Governor may appoint to the vacant office for the remainder of that term, a person having the requisite qualifica- tions and on the expiration of the remainder, the person is eligible for re-appointment. |
| vacancy in | |
| office. |
(2)
(a) The Governor may appoint a person, who has the requisite qualifications to act in the place and during the absence of the occupant of the office of Commissioner, as deputy for that occupant until the appointment is cancelled by notice published in the Gazette.
(b) A person so appointed has, while acting as deputy, all the powers and shall perform all the duties of the Commissioner.
(3) No appointment of, and no act, matter or thing, done by a person as a deputy of the Commis- sioner shall be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
| 1953.] | Kwinana Road District. | [No. 26. |
Commis-
| The Commissioner is not required to comply with the provisions of the Road Districts Act, 1919- | sioner not required to |
| comply with | |
| 1951, relating to the election of members of a road | Part III., |
| Division (7) | |
| and Part IV. | |
| board or the provisions of Part IV. of that Act which | of Road Districts Act, |
| relate to the proceedings of a road board. | 1919-1951. |
9.
10. (1) The Commissioner shall keep a minute gcoaRliF keep
book in such manner and form as the Minister may ;=.
direct or approve, in which he shall record such of his decisions, orders and transactions as would be required to be recorded in the minute book, if the Commissioner were in fact a duly constituted board of a road district under the Road Districts Act, 1919-1951.
(2) A decision of the Commissioner so recorded gggs,lio,,;_of
| has effect as if it were a resolution duly passed by ti.,3;:t;reet | as |
resolution of
| a board of a road district under that Act. | Board. |
| in= book |
| for the purposes of that Act, as the minute book acrtsc;be (3) The minute book so kept is to be regarded, of a board of a road district properly constituted l | ilreifitgr1=k |
| under that Act. | of board. |
(4) Copies of or extracts from a minute book Pi=efsal be
| certified under the hand and seal of the Commis- | evidence. |
| sioner to be true copies of or extracts from the book shall be received as prima facie evidence in all courts, of the contents of the minute book or so much of it as the extracts contain. |
| be open to the inspection of a ratepayer of the inspection' | (5) The minute book shall at all reasonable times grolliort, |
Kwinana Road District.
| 11. Commissioner may appoint such officers and of ficers. | Subject to the approval of the Minister the Appointment | of |
servants of the Kwinana Road Board as the Commis-
sioner may determine.
12. No act, matter or thing done or permitted r=gtslon of
to be done in good faith by the Commissioner or an officer, agent or servant of the Commissioner in the administration or intended administration of this Act, or in the exercise or performance or intended
| No. 26.] | Kwinana Road District. | [1953. |
exercise or performance of his powers or duties under this Act, shall subject the Commissioner or the officer, agent or servant of the Commissioner to any personal liability.
Exercise of
| power under | 13. | At any time after the period of five years from |
| s.8 Road |
| Districts Act, | the coming into operation of this Act, the Governor |
| 1919-1951. | |
| Repeal of | may, by Order in Council, exercise with respect to |
| this Act. | |
| the Kwinana Road District, any of the powers referred to in section eight of the Road Districts Act, 1919-1951, and on the exercise of any of the powers by the Governor, he may at any time by proclamation, repeal this Act. | |
| This Act |
| subject to | 14. | This Act is subject to the provisions of the |
| Act No. 1 |
| of 1952 | Oil Refinery Industry (Anglo-Iranian Oil Company Limited) Act, 1952. |
| Application |
| of Road | 15. | Except as modified by this Act the provisions |
| Districts |
| Act, 1919- | of the Road Districts Act, 1919-1951, apply mutatis |
| Board. | |
| 1951, to | mutandis so far as they can be made applicable to the Commissioner as if he were a board of a road district duly constituted under that Act. |
| 5 .3. |
THE SCHEDULE.
(See Map attached.)
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