Regional Development Commissions Regulations 1994 (WA)

Western Australia

Regional Development Commissions Act 1993

Regional Development Commissions Regulations 1994

Western Australia

Regional Development Commissions Regulations 1994 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — Citation2 — Appointed members of boards11 — Board members resident in the region — method of nomination (section 16)12 — Members nominated by local government authorities —method of nomination (section 16)13. Savings provision for appointed members 3NotesCompilation table 5Other notes 5Defined terms Regional Development Commissions Act 1993

Regional Development Commissions Act 1993

Regional Development Commissions Regulations 1994

1.Citation

These regulations may be cited as the Regional Development Commissions Regulations 1994.

2.Appointed members of boards

For the purposes of section 15(1)(b) of the Act, the board of management of a commission is to have 6 appointed members of whom —

• (a)

  2 are to be persons who are resident in the commission’s region and nominated in accordance with regulation 11;

• (b)

  2 are nominated by local governments in that region in accordance with regulation 12; and

• (c)

  2 are to be appointed at the Minister’s discretion.

[Regulation 2 inserted: Gazette 29 Apr 1997 p. 2140; amended: Gazette 29 Aug 2017 p. 4595.]

[3‑10. Deleted: Gazette 29 Apr 1997 p. 2140.]

11.Board members resident in the region

• (1)

  The members referred to in regulation 2(a) must be nominated in the following manner — 

  • (a)

    nominations will be sought from — 

    • (i)

      the community, by way of advertisements placed in newspapers circulating in the appropriate region; and

    • (ii)

      a wide range of community organisations, including employer and employee groups, education and training institutions, tourism and recreation bodies and other sections of the community, by way of direct correspondence with those organisations;

  • (b)

    the period for nominations will be noted on the advertisement or correspondence, being a period of not less than 28 days from the day on which the advertisement is published or the correspondence is sent (as the case may be).

• (2)

  Where nominations are sought for a particular region in accordance with subregulation (1) and — 

  • (i)

    names have not been provided by the community and the community organisations in that region; or

  • (ii)

    sufficient nominations are not received by the Minister,

within the nomination period, the Minister may (after the expiry of the nomination period) nominate for appointment to the board as members such persons as he or she thinks fit, in sufficient numbers to fill the remaining places available, and those persons are appointed as if they were nominated in accordance with subregulation (1).

[Regulation 11 amended: Gazette 29 Apr 1997 p. 2140; SL 2021/172 r. 4.]

12.Members nominated by local government authorities —method of nomination (section 16)

• (1)

  The members referred to in regulation 2(b) must be nominated in the following manner — 

  • (a)

    nominations will be sought from local governments in the appropriate region by way of direct correspondence with those local governments;

  • (b)

    the local governments will be requested to provide the names of twice as many persons who are willing and able to be candidates for appointment as there are places available to local government nominees on the board in that region;

  • (c)

    the period for nominations will be noted on the correspondence, being a period of not less than 42 days from the day on which the correspondence is sent.

• (2)

  Where local governments have been requested to provide the names of twice as many persons who are willing and able to be candidates for appointment as there are places available to local government nominees on the board in that region and — 

  • (i)

    a list of names has not been provided by any of the local governments in that region; or

  • (ii)

    sufficient nominations are not received by the Minister,

within the nomination period, the Minister may (after the expiry of the nomination period) nominate for appointment to the board as members such persons as he or she thinks fit, in sufficient numbers to fill the remaining places available, and those persons are appointed as if they were nominated in accordance with subregulation (1).

[Regulation 12 amended: Gazette 29 Apr 1997 p. 2140‑1.]

13.Savings provision for appointed members

• (1)

  In this regulation —

commencement day means the day on which the Regional Development Commissions Amendment Regulations 2017 regulation 4 comes into operation.

• (2)

  This regulation applies to a person who, immediately before commencement day, held office as an appointed member.

• (3)

  To avoid doubt, the person continues in that office for the balance of the term of appointment that applied to the person immediately before commencement day despite the amendments made by the Regional Development Commissions Amendment Regulations 2017.

[Regulation 13 inserted: Gazette 29 Aug 2017 p. 4595.]

Notes

This is a compilation of the Regional Development Commissions Regulations 1994 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Regional Development Commissions Regulations 1994	1 Mar 1994 p. 779‑82	1 Mar 1994
Regional Development Commissions Amendment Regulations 1997 1	29 Apr 1997 p. 2140‑1	29 Apr 1997
Reprint 1: The Regional Development Commissions Regulations 1994 as at 8 Dec 2006 (includes amendments listed above)
Regional Development Commissions Amendment Regulations 2017	29 Aug 2017 p. 4594‑5	r. 1 and 2: 29 Aug 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Aug 2017 (see r. 2(b))
Regional Development Commissions Amendment Regulations 2021	SL 2021/172 8 Oct 2021	r. 1 and 2: 8 Oct 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Oct 2021 (see r. 2(b))

Other notes

1         The Regional Development Commissions Amendment Regulations 1997 r. 3(2) is a transitional provision that is of no further effect.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

commencement day.................................................................................................. 13(1)