5. The Agriculture Protection Board of Western Australia

    (1) For the purposes of carrying this Act and the Agriculture Protection 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

    (a) the person for the time being holding the office of Director General of Agriculture, within the meaning of section 7(1) of the Agriculture Act 1988;

    (b) 6 persons appointed by the Minister with, in the opinion of the Minister, wide experience in rural industry or the protection of rural industry resources or other qualifications relevant to the powers and duties of the Protection Board; and

    (c) 5 persons appointed by the Minister from the members of zone control authorities nominated under subsection (5).

    (3) The Minister shall appoint one of the members appointed under subsection (2)(b) to be the chairperson of the Protection Board for the period specified in the instrument of appointment.

    (4) An appointed member of the Protection Board holds office for the period, not exceeding 3 years, specified in the instrument of appointment of the member, and may from time to time be reappointed.

    [(4a) repealed]

    (5) For the purposes of subsection (2)(c), each zone control authority shall, whenever required to do so by the Minister and within the period specified by the Minister, nominate a member of the authority for appointment to the Protection Board.

    (6) If the number of nominations made within the period specified by the Minister is less than is required to make the necessary appointments under subsection (2)(c), the Minister may appoint any persons that the Minister thinks fit to appoint to complete those appointments.

    (6a) A person appointed under subsection (6) holds office as if that person had been nominated by a zone control authority under subsection (5).

    (6b) A person who holds office as a member of a zone control authority ceases to hold that office on being appointed to the Protection Board.

    (7) The Protection Board shall be a body corporate with perpetual succession and a 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 be held at such times as may be prescribed and, until prescribed, when convened by the chairperson.

    (9) The Protection Board shall conduct its proceedings in such manner as may be prescribed and, until prescribed, as the Protection Board shall determine, but in any case

    (a) 5 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 determined in the negative;

    (c) each member, including the chairperson, shall be entitled to one vote only on the determination of any matter; and

    (d) in the absence of the chairperson, at any meeting, the members present shall appoint one of their number then present to be chairperson of that meeting.

    (10) The Protection Board may act and exercise all of its powers, notwithstanding any vacancy in membership, and no act or proceeding 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.

    (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 appointment had not arisen, or had ceased.

    (12) Appointment as a member of the Protection Board does not render Part 3 of the Public Sector Management Act 1994, or any other Act applying to persons as officers of the Public Service of the State, applicable to that person or prejudice the application to him of those Acts if they applied to him at the time of his appointment.

    (13) Every member of the Protection Board shall be entitled to such allowances and remuneration for his services as may be prescribed.

    (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.

    [Section 5 inserted by No. 70 of 1960 s.3; amended by No. 25 of 1976 s.6; No. 95 of 1986 s.4; No. 32 of 1994 s.19; No. 29 of 1995 ss.4 and 5.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.