Schedule 1 Constitution and proceedings of board
[Section 7]
Division 1 General provisions

1. Term of office

A member holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment, but may from time to time be re-appointed.

2. Resignation, removal, etc.

(1) The office of a member becomes vacant if he or she

(a) resigns the office by written notice addressed to the Minister;

(b) is an insolvent under administration as that expression is defined in the Corporations Act 2001 of the Commonwealth; or

(c) is removed from office by the Minister under subclause (2).

(2) The Minister may remove a member from office if the Minister is satisfied that the member

(a) has neglected his or her duty;

(b) has misbehaved;

(c) is incompetent;

(d) is suffering from mental or physical incapacity impairing the performance of his or her functions; or

(e) has been absent, without leave and reasonable excuse, from 3 consecutive meetings of the board of which the member has had notice.

3. Leave of absence

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

4. Chairperson unable to act

If the chairperson is unable to act by reason of sickness, absence or other cause, or during any vacancy in that office, the deputy chairperson is to perform the functions of the chairperson.

5. Member unable to act

(1) If a member, other than the chairperson, is unable to act by reason of sickness, absence or other cause, the Minister may appoint another person to act temporarily in his or her place and, while so acting according to the tenor of his or her appointment, that other person is to be taken to be a member of the board.

(2) If the member who is deputy chairperson is performing the functions of the chairperson, the Minister may, under subclause (1), appoint another person to act in his or her place as a member.

(3) The appointment of a person under subclause (1) may be terminated at any time by the Minister.

6. Saving

No act or omission of a person acting in place of another under clause 4 or 5 is to be questioned on the ground that the occasion for his or her appointment or acting had not arisen or had ceased.

7. Calling of meetings

(1) Subject to subclause (2), meetings are to be held at the times and places that the board determines.

(2) A special meeting of the board may at any time be convened by the chairperson.

(3) The first meeting of the board is to be convened by the chairperson.

8. Presiding officer

(1) The chairperson is to preside at all meetings of the board at which he or she is present.

(2) If both the chairperson and the deputy chairperson are absent from a meeting the members present are to appoint one of their number to preside.

9. Quorum

A quorum for a meeting of the board is at least one half of the number of members.

10. Voting

(1) At any meeting of the board each member present has a deliberative vote.

(2) If the votes cast on a question are equally divided, the chairperson, deputy chairperson or other person presiding has a casting vote on the question.

11. Minutes

The board is to cause accurate minutes to be kept of the proceedings at its meetings.

12. Resolution without meeting

A resolution in writing signed by each member or assented to by each member by letter, telegram or facsimile is as effectual as if it had been passed at a meeting of the board.

13. Telephone or video meetings

A communication between a majority of the members by telephone, audio-visual or other electronic means is a valid meeting of the board if each participating member is capable of communicating with every other participating member instantaneously at all times during the proceedings.

14. Committees

(1) The board may appoint committees to assist it in the performance of its functions, and may discharge or alter any committee so appointed.

(2) A committee may include persons who are not members of the board.

(3) Subject to the directions of the board and to the terms of any delegation under section 12, a committee may determine its own procedures.

15. Board to determine own procedures

Subject to this Act, the board is to determine its own procedures.


Division 2 Disclosure of interests etc.

16. Disclosure of interests

(1) A member who has a material personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the board.

Penalty: $10 000.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting.

17. Voting by interested members

A member who has a material personal interest in a matter that is being considered by the board

(a) must not vote whether at a meeting or otherwise

(i) on the matter; or

(ii) on a proposed resolution under clause 18 in respect of the matter, whether relating to that member or a different member;

and

(b) must not be present while

(i) the matter; or

(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),

is being considered at a meeting.

18. Clause 17 may be declared inapplicable

Clause 17 does not apply if the board has at any time passed a resolution that

(a) specifies the member, the interest and the matter; and

(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

19. Quorum where clause 17 applies

(1) Despite clause 9, if a member of the board is disqualified under clause 17 in relation to a matter, a quorum is present during the consideration of the matter if at least 3 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.

(2) The Minister may deal with a matter insofar as the board cannot deal with it because of subclause (1).

20. Minister may declare clauses 17 and 19 inapplicable

(1) The Minister may by writing declare that clause 17 or 19 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions.

(2) The Minister must within 14 days after a declaration under subclause (1) is made cause a copy of the declaration to be laid before each House of Parliament.

[Schedule 1 amended by No. 10 of 2001 s. 220.]


Schedule 2 Savings and transitional provisions
[Section 55]
    1. Definitions

    In this Schedule

    }assets~ means property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal and includes without limitation

    (a) choses in action;

    (b) goodwill; and

    (c) rights, interests and claims of every kind in or to property,

    whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;

    }Board~ means the King's Park Board appointed by the Governor under subsection (1) of section 3 of the Parks and Reserves Act 1895 and constituted a body corporate under subsection (4) of that section;

    }commencement~ means the commencement of this Act;

    }liability~ means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person;

    }right~ means any right, power, privilege or immunity whether actual, contingent or prospective.

    2. Dissolution of Board

    (1) The Board is dissolved.

    (2) Sections 36, 37 and 38 of the Interpretation Act 1984 apply, in relation to the dissolution of the Board, as if this Act were an Act repealing the Parks and Reserves Act 1895.

    3. Devolution of assets, liabilities etc.

    On the commencement

    (a) the assets and rights of the Board that were immediately before the commencement vested in the Board vest in the Authority by force of this clause;

    (b) the liabilities of the Board immediately before the commencement become, by force of this clause, the liabilities of the Authority;

    (c) any proceedings or remedy that immediately before the commencement might have been brought or continued by or available against or to the Board, may be brought or continued and are available, by or against or to the Authority;

    (d) any act, matter or thing done or omitted to be done before the commencement by, to or in respect of the Board (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the Authority;

    (e) anything lawfully commenced by the Board may, so far as it is not contrary to this Act, be carried on and completed by the Authority; and

    (f) the Authority is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of the Board.

    4. Agreements and instruments

    Any agreement or instrument subsisting immediately before the commencement

    (a) to which the Board was a party; or

    (b) which contains a reference to the Board,

    has effect after the commencement as if

    (c) the Authority were substituted for the Board as a party to the agreement or instrument; and

    (d) any reference in the agreement or instrument to the Board were (unless the context otherwise requires) amended to be or include a reference to the Authority.

    5. References to Board in written law

    A reference to the Board in an enactment in force immediately before the commencement is to be read (unless the context otherwise requires) as if it had been amended to be a reference to the Authority.

    6. Chief executive officer

    (1) The person who immediately before the commencement occupied the office of chief executive officer of the Board is, after the commencement, the chief executive officer of the Authority until the expiry of the term of his or her appointment.

    (2) Subject to the Public Sector Management Act 1994, the employment of the chief executive officer continues to be governed by the terms and conditions of service that applied before the commencement.

    7. Staff

    (1) A person who immediately before the commencement was appointed by the Board under section 7 of the Parks and Reserves Act 1895 is to be taken after the commencement to be engaged by the chief executive officer under section 24(1).

    (2) Except as otherwise agreed by a person referred to in subclause (1), the operation of that subclause does not

    (a) affect the person's pay, as that term is defined in regulation 3(1) of the Public Sector Management (Redeployment and Redundancy) Regulations 1994;

    (b) prejudice the person's existing or accruing rights in respect of annual leave, long service leave, sick leave or parental leave;

    (c) affect any rights under a superannuation scheme; or

    (d) interrupt continuity of service.

    8. Rangers

    A person who immediately before the commencement was a ranger appointed by the Board under section 7 of the Parks and Reserves Act 1895 is to be taken after the commencement to be designated as a park management officer under section 26.

    9. Annual reports for part of a year

    (1) The Board is to report as required by section 66 of the Financial Administration and Audit Act 1985, but limited to the period from 1 July preceding the commencement to the commencement, and Division 14 of Part II of that Act applies as if that period were a financial year of the Board.

    (2) Despite clause 2, the Board continues in existence for the purposes of subclause (1) and is entitled to receive from the Authority and its staff such assistance as it may require for that purpose.

    (3) For the purposes of Division 14 of Part II of the Financial Administration and Audit Act 1985, the period from the commencement to the succeeding 30 June is to be regarded as a full financial year of the Authority.

    10. Existing leases not affected

    Nothing in this Act is to be taken to affect

    (a) the length of the term of a lease in force on the commencement that was granted by the Board under a power conferred by section 5 of the Parks and Reserves Act 1895 or section 13(1) of the Reserves Act 1955; or

    (b) the other terms and conditions of any such lease, including any provision as to renewal.

    [Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]



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.