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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Western Australian College of Teaching
Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 9 amended 2
6. Schedule 1 amended 3
1. Terms used in this Schedule 3
2. Terms of office 3
216--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
Western Australian College of Teaching
Amendment Bill 2007
A Bill for
An Act to amend the Western Australian College of Teaching
Act 2004.
The Parliament of Western Australia enacts as follows:
page 1
Western Australian College of Teaching Amendment Bill 2007
s. 1
1. Short title
This is the Western Australian College of Teaching Amendment
Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Act amended
10 The amendments in this Act are to the Western Australian
College of Teaching Act 2004*.
[* Act No. 8 of 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1.]
15 4. Section 3 amended
Section 3(1) is amended in the definition of "rules" by deleting
"85;" and inserting instead --
" 85 or regulations made under section 86(1)(b); ".
5. Section 9 amended
20 (1) Section 9(5) is amended by deleting "by the Electoral
Commissioner, appointed under the Electoral Act 1907,".
(2) After section 9(5) the following subsection is inserted --
"
(5a) Without limiting subsection (5), the rules may confer
25 functions on the Electoral Commissioner appointed
under the Electoral Act 1907.
".
page 2
Western Australian College of Teaching Amendment Bill 2007
s. 6
(3) Section 9(6) is amended by deleting "conducting an election in
accordance with this section" and inserting instead --
" relation to an election under subsection (2) ".
(4) Section 9(9) is repealed.
5 6. Schedule 1 amended
(1) Schedule 1 clauses 1 and 2 are repealed and the following
clauses are inserted instead --
"
1. Terms used in this Schedule
10 In this Schedule, unless the contrary intention appears --
"appointed" means appointed under section 9(1);
"elected" means elected under section 9(2);
"inaugural election" means --
(a) the first election held under section 9(2)(a)(ii); or
15 (b) the first election held under section 9(2)(b)(ii); or
(c) the first election held under section 9(2)(c)(ii),
and includes an election held by reason of the failure,
partial failure or invalidity of any of those elections;
"member" means a member of the Board.
20 2. Terms of office
(1) An appointed member holds office for the period, not
exceeding 3 years, specified in the instrument of his or her
appointment.
(2) A member elected at an inaugural election holds office for
25 the period ending on the day determined by the Minister
under subclause (11)(a).
(3) A member elected to fill a vacancy in the office of --
(a) an elected member; or
(b) a member appointed under clause 3(2),
30 occurring by effluxion of time holds office for the period
ending 3 years after the occurrence of that vacancy.
page 3
Western Australian College of Teaching Amendment Bill 2007
s. 6
(4) A member elected to fill a vacancy in the office of an
elected member occurring otherwise than by effluxion of
time holds office for the remainder of the period for which
his or her predecessor in office was elected.
5 (5) A member appointed under clause 3(2) holds office for the
remainder of the period for which his or her predecessor in
office was --
(a) elected; or
(b) appointed under clause 3(2),
10 as the case may be.
(6) Despite subclauses (1) to (5), if the period of office of a
member expires by effluxion of time without a person
having been appointed or elected to fill the vacancy, the
member continues in office until --
15 (a) a person is appointed or elected to fill the vacancy;
or
(b) a period of 3 months elapses after the expiry of the
period of office,
whichever occurs first.
20 (7) Subclauses (1) to (6) have effect subject to clause 4.
(8) An appointed member is eligible for re-appointment.
(9) An elected member is eligible for re-election.
(10) A member appointed under clause 3(2) is eligible for
election.
25 (11) Before the inaugural elections are held the day on which the
terms of the members elected at those elections are to end
must be --
(a) determined by the Minister; and
(b) published in the Gazette.
30 (12) The day determined under subclause (11)(a) must not be
more than 3 years after the day on which it is published
under subclause (11)(b).
".
page 4
Western Australian College of Teaching Amendment Bill 2007
s. 6
(2) Schedule 1 clause 3 is amended by deleting "Whenever" and
inserting instead --
"
(1) Subject to subclause (2), whenever
5 ".
(3) At the end of Schedule 1 clause 3 the following subclauses are
inserted --
"
(2) Despite sections 7(2)(b) and 9(2) and subclause (1), in the
10 case of --
(a) a vacancy in the office of an elected member
occurring during the period of one year ending on
the day on which the office would have become
vacant by effluxion of time; or
15 (b) a vacancy in the office of a member appointed
under this subclause occurring otherwise than by
effluxion of time,
the Minister is to appoint a person to fill the vacancy.
(3) The person appointed under subclause (2) is to be a person
20 the Minister considers to be representative of the registered
teachers mentioned in section 9(2)(a)(ii), (b)(ii) or (c)(ii) as
the case may require.
".
(4) Schedule 1 clause 5(2) is repealed and the following subclause
25 is inserted instead --
"
(2) A person elected under subclause (1) is to hold that office
for --
(a) the period ending one year after the election; or
30 (b) the unexpired period of his or her current term of
office as a member,
whichever is the shorter period, and is eligible for
re-election.
".
page 5
Western Australian College of Teaching Amendment Bill 2007
s. 6
(5) After Schedule 1 clause 5(3) the following subclause is
inserted --
"
(4) The office of the chairperson or deputy chairperson becomes
5 vacant if the person holding the office --
(a) resigns the office by written notice addressed to the
Director; or
(b) ceases to be a member.
".
10
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