Rural Youth Movement Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

RURAL YOUTH MOVEMENT.

No. 28 of 1980.

AN ACT to amend the Rural Youth Movement Act

1955-1974.

[Assented to 28 October 1980.]

BE it enacted by the Queen's Most ExcellentMajesty, 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. (1) This Act may be cited as the Rural Youth Movement Amendment Act 1980.	Short title
and
citation.

In this Act the Rural Youth Movement Act Approved

(2) for reprint

1955-1974 is referred to as the principal Act.	1 November.
(3) The principal Act as amended by this Act may be cited as the Rural Youth Movement Act
1955-1980.

No. 28.] Rural Youth Movement. [1980.

commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Section 2A

amended. 3. Section 2A of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections-

" (1) Upon the coming into operation of the Rural Youth Movement Amendment Act 1980, the body constituted by this Act and known as The Council for the Advancement of the Rural Youth Movement is preserved and continues in existence as a body under and subject to the provisions of this Act by the name "Rural Youth Movement Council", and its rights, powers, duties and liabilities shall not be affected.

(2) A reference to The Council for the Advan- cement of the Rural Youth Movement whether by that name or a similar abbreviated form of that name

(a)	in any law of the State passed or made before the coming into operation of the Rural Youth Movement Amendment Act 1980;
(b)	in any document or other instrument made, executed, entered into or done before the coming into operation of the Rural Youth Movement Amendment Act 1980; and
(c)	made before the coming into operation of the Rural Youth Movement Amend- ment Act 1980, in any other manner,

shall, unless the context is such that it would be incorrect or inappropriate, be read and construed as a reference to the Rural Youth Movement Council. " .

1980.] Rural Youth Movement. [No. 28.

Section 3

4.

Section 3 of the principal Act is amended by

deleting the definition of "Council" and substituting

the following definition-

amended.

" "Council" means the Rural Youth Move- ment Council constituted under this Act; " .

5.    Section 5 of the principal Act is repealed and repealed

the following section is substituted— substituted.

" 5. (1) The Minister shall constitute a body	of the
having the name of the Rural Youth Movement	Council.
Council by appointing as members of the Council not less than 10 and not more than 12 persons.
(2) Of the persons appointed to the office of councillor

(a)	three shall be members of the Western Australian Federation of Rural Youth Incorporated;
(b)	one shall be a person who has been appointed as an advisor to the State Executive Committee of the Western Australian Federation of Rural Youth Incorporated; and
(c)	the remaining members of the Council shall be appointed by the Minister from the community and shall be persons having special interests and expertise in areas such as rural affairs, develop- ment of youth, education, civic affairs, women's affairs, finance or local government.

(3) A person holding office as a member of The Council for the Advancement of the Rural Youth Movement immediately before the coming into operation of the Rural Youth Movement Amendment Act 1980, shall by virtue

No. 28.] Rural Youth Movement. [1980.

of the coming into operation of that Act, vacate that office but such a person shall be eligible for re-appointment as a member of the Rural Youth Movement Council.

The Minister shall from time to time as

occasion requires appoint a councillor as chair-

man of the Council.

(4)

(5) The Minister may appoint persons as deputies to act in the respective places of the chairman and other councillors when not able or available to act, and persons so appointed may, while acting, exercise the same powers and are entitled to the same rights and subject to the same liabilities as the councillors for whom they act as deputies.

A councillor or a deputy for a councillor, in his capacity as councillor or deputy, is not an officer in the Public Service under the provi- sions of the Public Service Act 1978 but if at the time of his appointment to office of councillor or as deputy he is such an officer under the provisions of that Act, his appoint- ment to and service in the office of councillor or as deputy shall be deemed to be without prejudice to his rights under that Act, or any other Act applying to him as such an officer.

(6)

A member of the Council shall hold office for such period not exceeding 3 years as may be specified in his instrument of appointment, but the Minister may during the term, remove him from office if it appears to the Minister that the person has become unsuitable to continue in office because of mental or physical infirmity or illness, neglect of duty as a councillor or misbehaviour whether in his capacity of councillor or otherwise.

(7)

(8) The office of a councillor becomes vacant

if

(a) he dies;

1980.] Rural Youth Movement. [No. 28.

(b)	he resigns by written resignation delivered to the Minister;
(c)	he is removed from office under subsec- tion (7) of this section; or
(d)	the term of his tenure of office expires by effluxion of time.

(9) Where there is a vacancy in office of councillor, the Minister shall subject to subsec- tion (1) of this section appoint a person to fill the vacancy.

(10) A person is not rendered ineligible for appointment to office of councillor or deputy because he has previously occupied office as such, unless he has been removed under sub- section (7) of this section for misbehaviour.

(11) Six councillors or their respective deputies, including the chairman or his deputy if present, constitute a quorum of the Council, and may carry out the functions of the Council as effectively as if all members were present.

(12) If the chairman and his deputy are absent, the councillors present at a meeting may appoint one of their number to act as chairman, and the councillor so appointed shall have the powers of the chairman during the absence of the chairman and his deputy.

(13)

The decision of the Council on a question is that of the majority of members present each of whom is entitled to and shall exercise, one vote, but in case of an equal division of votes, the question shall be deemed to have been decided in the negative.

(14) Anything done by the Council is not invalid or defective on the grounds that when done, there was a vacancy in, or defect in appointment to, office on the Council.

No. 28.1 Rural Youth Movement. [1980.

(15) The first meeting of the Council after the coming into operation of the Rural Youth Movement Amendment Act 1980 shall be held at a time and place appointed by the Minister and thereafter meetings shall be held at times and places appointed by the Council.

(16) The chairman and other councillors and their respective deputies are entitled to such reimbursements of expenditure, as the Minister from time to time determines and is hereby authorized to determine. " .

Section 8

amended. 6. Section 8 of the principal Act is amended

(a) in subsection (1) by deleting paragraph (b) and substituting the following para- graph

" (b) to formulate and tender advice to the body called the Western Aus- tralian Federation of Rural Youth Incorporated in all aspects of its activities with power to suggest programmes of activities of that body. " ; and

(b) in subsection (2) by deleting "1904" wherever it occurs and substituting in each case the following-

" 1978 " .

Section 8A

added. 7. After section 8 of the principal Act, the follow-

ing section is inserted-

Council

may

" 8A. (1) The Council may, from time to time

appoint sub-

committees.

appoint a sub-committee or sub-committees of

a regional nature or for a specific purpose.

(2) A sub-committee may consist of such persons as the Council determines whether members of the Council or persons who are not such members but so that in every case at least two members of a sub-committee shall be members of the Council. " .